Case Note & Summary
The matter concerned nine criminal applications filed under Sections 482 and 407 of the Code of Criminal Procedure, 1973 seeking transfer of multiple criminal cases pending in various courts across Maharashtra to a competent court in Mumbai for trial. The applicant, Sanjay Hariram Agrawal, was the original accused in these cases, which pertained to offences such as criminal breach of trust, cheating, forgery, and criminal conspiracy under the Indian Penal Code. The cases were pending before courts in Mumbai, Nagpur, Wardha, Pune, Amravati and Osmanabad. The applicant contended that the company of which he was Chairman and CEO, M/s Home Trade Ltd., was engaged in stock and securities broking and was a member of the National Stock Exchange, Bombay Stock Exchange and Pune Stock Exchange. The transactions in question, involving Government of India securities, were executed in Mumbai, including issuance of contract notes and money transactions. The applicant pointed to an FIR lodged on 25/04/2002 at Ganeshpeth Police Station, Nagpur by the then Chairman of Nagpur District Central Co-operative Bank Ltd. regarding delayed delivery of Rs.125.60 crores, and a subsequent FIR lodged on 29/04/2002 by a Special Auditor against the then Chairman and General Manager of the bank. The applicant argued that because the alleged offences were of criminal misappropriation or criminal breach of trust and the entire transactions occurred in Mumbai, the courts outside Mumbai lacked territorial jurisdiction under Section 181(4) Cr.P.C. He relied heavily on the Full Bench judgment in re Jivandas Savchand reported in AIR 1930 Bom 490 and other Supreme Court judgments. The Advocate General for the State also made submissions. The court heard the parties and reserved judgment on 24/06/2021, pronouncing it on 09/07/2021. The extracted text does not include the final decision or the court's analysis, and therefore the outcome, ratio decidendi, and detailed reasoning are not available from the provided excerpt.
Headnote
A) Criminal Procedure - Transfer of Criminal Cases - Territorial Jurisdiction - Code of Criminal Procedure, 1973, Sections 482, 407, 181(4) - The applicant, original accused in multiple criminal cases pending before courts in Mumbai, Nagpur, Wardha, Pune, Amravati and Osmanabad, sought transfer of all cases to a competent court in Mumbai on the ground that the transactions underlying the offences occurred entirely in Mumbai and hence only Mumbai courts had territorial jurisdiction under Section 181(4) Cr.P.C. The applicant relied on the Full Bench decision in re Jivandas Savchand and other Supreme Court judgments. The Advocate General for the State also advanced submissions. The available judgment excerpt does not record the court's final decision or reasoning; the matter was reserved on 24-06-2021 and pronounced on 09-07-2021. (Paras 1-6).
Issue of Consideration
Whether the criminal cases pending in various courts outside Mumbai should be transferred to Mumbai under Sections 482 and 407 Cr.P.C. on the ground that the entire transactions occurred in Mumbai and the outside courts lack territorial jurisdiction under Section 181(4) Cr.P.C.
Law Points
- Territorial jurisdiction under Section 181(4) Cr.P.C.
- transfer of cases under Sections 482 and 407 Cr.P.C.
- criminal breach of trust and misappropriation jurisdiction
- consolidation of trials
- reliance on Full Bench decision in Jivandas Savchand
