Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Court (Trial of Offences Relating to Transactions in Securities) Act 1992: Section 7 3(2) & 4 and 9-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Special Court (trial of Offences Relating to Transactions in Securities) Act, 1992 (27 of 1992) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992-Section 7, 3(2) & 4 and 9-A-Jurisdiction of-Complainant handed over the shares with the transfer forms to accused for arranging the sale thereof-Accused failed to pay sale proceeds-Complaint before Special Court for criminal breach of trust and dishonest misappropriation of securities-Accused though not notified involved in offence relating to transact/on in securities during the relevant period-Held, can be tried by Special Court even though the accused is not a notified person as per Sec. 3(2) of the Act-Indian Penal Code 1860, Sec. 409. The respondent-complainant is the uncle and the appellant-accused is his nephew. The complainant handed over his shares along with transfer forms to accused for arranging sale thereof and to pay the sale proceeds to him. The complainant on various occasions enquired with the accused about the sale but the accused put off the matter saying that the time was no.t opportune for the sale. Thereafter the accused started avoiding the complainant. On enquiry complainant found that the shares in question were already sold out. It was also found that the accused himself arranged the sale of the said shares. Complainant filed a complaint before the Special Court against the accused for criminal breach of trust and misappropriation of the securities. The Special Court registered the case and framed charges against the accused. Accused moved an application contending that the special court had no,jurisdiction to try the alleged offence against him. The same was dismissed. Hence, this appeal. The appellant contented that the accused was not a notified person as per Section 3(2) of the Act; as such the Special Court would have no jurisdiction to try him for the said offence. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1998 INSC 26 |
Petitioner | Minoo Mehta |
Respondent | Shavak D. Mehta |
SCR | [1998] 1 S.C.R. 182 |
Judgement Date | 1998-01-15 |
Case Number | 69 |
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