2010 (5) TMI 961 - SC - Indian Laws

Summary

Issues involved: Jurisdiction of Trial Court under Sections 415/420 IPC, Appeal against dismissal of petition under Section 482 Cr.P.C.

Jurisdiction of Trial Court: The appellant, an accused under Sections 415/420 IPC, challenged the summoning order issued by a Delhi Court, claiming that only the Bombay Court has jurisdiction. The High Court dismissed the petition under Section 482 Cr.P.C. The Supreme Court emphasized that when a person questions the Trial Court's jurisdiction, they should first approach the Trial Court with relevant facts instead of immediately appealing. The Court stated that jurisdiction depends on the case's facts, and the Trial Court should decide on jurisdiction after hearing both sides and recording evidence if necessary.

Appeal against dismissal of petition: The Supreme Court set aside the impugned judgment and order, allowing the appeal. The appellant was advised to file a suitable application before the Trial Court regarding jurisdiction. The Trial Court was directed to hear both sides, record evidence on the jurisdiction question, and decide on jurisdiction before proceeding with the Trial.