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2021 (9) TMI 117 - Tri - Insolvency and BankruptcyDirection to register a criminal complaint against the Respondent - offences committed under sections 191, 192, 193, 199, 200, 209 and 120-B of the Indian Penal Code - HELD THAT - The Registry of this Tribunal has posted this Application for maintainability. From the relief portion as extracted supra, it is seen that the Applicant/RP has moved the present Application seeking to direct the Registrar of this Tribunal to register a criminal complaint against the Respondent for offences committed under sections 191, 192, 193, 199, 200, 209 and 120-B of the Indian Penal Code and also to hold a preliminary enquiry in relation to the same. It is seen that the present Application is filed under Section 70 and 72 of IBC, 2016 which falls under Chapter VII of IBC, 2016 which is termed as Offences and Penalties . A perusal of Section 236(1) of IBC, 2016 states that the offences under IBC shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013. Further, section 236(2) states that the complainant in all such cases shall be the Insolvency and Bankruptcy Board of India (IBBI). Thus, in so far as Applications in relation to Chapter VII is concerned only the Special Court is having jurisdiction to try and hear the said Applications - the present Application filed by the Applicant is not maintainable - Application dismissed.
Issues:
Application under Section 70 and 72 of the Insolvency and Bankruptcy Code, 2016 seeking criminal complaint registration and preliminary inquiry for offences under Indian Penal Code. Analysis: The Applicant/RP filed an application seeking the registration of a criminal complaint against the Respondent for various offences under the Indian Penal Code. The application was based on Sections 70 and 72 of the Insolvency and Bankruptcy Code, 2016, falling under Chapter VII, which deals with "Offences and Penalties." Section 236 of the Insolvency and Bankruptcy Code, 2016 specifies that offences under the Code shall be tried by the Special Court established under Chapter XXVIII of the Companies Act, 2013. It further states that the complainant in such cases shall be the Insolvency and Bankruptcy Board of India (IBBI). Therefore, only the Special Court has jurisdiction to hear and try applications related to Chapter VII. The National Company Law Tribunal, where the present application was filed, is not a Special Court established under Chapter XXVIII of the Companies Act, 2013, but constituted under Section 408 of the Companies Act, 2013. Consequently, the Tribunal ruled that the application was not maintainable and dismissed it on the grounds of jurisdiction. This judgment highlights the importance of the proper forum for addressing legal matters, especially concerning offences and penalties under specific statutes. The delineation of jurisdiction between different courts or tribunals is crucial to ensure the effective administration of justice and adherence to procedural requirements. In this case, the Tribunal clarified that applications related to offences under the Insolvency and Bankruptcy Code should be brought before the Special Court established under the Companies Act, emphasizing the significance of legal provisions governing jurisdiction and complaint procedures. By dismissing the application on the basis of maintainability due to lack of jurisdiction, the Tribunal upheld the statutory framework's integrity and underscored the need for litigants to approach the appropriate judicial authority for redressal in matters involving criminal complaints and preliminary inquiries for alleged offences.
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