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TMI Blog2023 (5) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... ined in the Code of Criminal Procedure which gives an overrding effect over the provisions of Act mention in the non obstante clause. It is trite to say that accept of provisions or act mentioned in the non-obstante clause, the enactment following it will have its full operation or that the provisions embrazed in the non-obstante clause will not be an impediment for the operation of the enactment, thus, a non-obstante clause may be used as a legislative device to modify the ambit of the provision of law mentioned in the non-obstante clause or override it in specified circumstances. Therefore, when the enacting part of the Section is clear, its scope cannot be cut down or enlarged by resort of non-obstante clause. Thus, it could safely be held that the provisions of Section 436 of the Companies Act will have over riding effect over the provisons of Code of Criminal Procedure, whenever an offence specified under the Companies Act is to be tried by Special Court. Admittedly, Section 449 which deals with punishment for giving false evidence is an offence under the Companies Act, it is to be tried by Special Courts established/notified by the Central Government as per Section 435 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was advised to collect copy of minutes of Annual General Meeting dated 30.09.2018 from the office of accused No.1 therein on payment of requisite fees i.e. Rs.50/- during office hours on 21.12.2018. Further in the reply, it was submitted that the accused therein had again sent an electronic mail dated 26.12.2018 with an attached letter dated 20.12.2018 whereby the complainant therein was again advised to collect the copy of the minutes of Annual General Meeting dated 30.09.2018 from the office during office hours on 27.12.2018. 4. The complainant therein/respondent alleging that the accused therein had submitted concocted stories and false statements alongwith fabricated electronic mails as documentary evidence with a sole motive to deceive the complainant therein as well as the Tribunal. 5. It was also submitted by the complainant therein/respondent that he had never received such electronic mails and when the complainant therein/respondent inquired from the service provider of the electronic mail I.D. from where the accused had said to have sent the mail, he got the information with the date on which the accused are stating to have forwarded the documents, the server o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Company Law Tribunal, Indore Bench to have followed the provisions as provided under Section 340 of Cr.P.C. and the complaint was required to be filed at the instance of National Company Law Tribunal, Indore Bench. 9. It was also argued that for the offences alleged to have been committed under Section 449 of the Companies Act, 2013 no procedure has been prescribed under the Companies Act, however Section 438 of the Companies Act, 2013 specifically provides that the procedure prescribed under the Cr.P.C.,1973 shall be applicable to all proceedings before the special Court and if no procedure has been prescribed under the Companies Act, 2013, the cognizance taken by the IX Additional District and Sessions Court, Gwalior is in total disregard with the procedure contained under the provisions under Section 438 of Cr.P.C. and has committed grave error by ignoring various provisions mandatory in Cr.P.C. 10. It has also been argued that IX Additional District and Sessions Judge had not applied its judicial mind while accepting the criminal complaint which is dehorse the mandate of the Hon'ble Supreme Court in the matter of Pradeep S. Wodeyar Vs. Union of India passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is very well maintainable and no illegality has been committed by the Sessions Court in taking cognizance and issuance summons. 14. Heard learned counsel for the parties and perused the record. 15. Before adverting to the rival contentions, this Court deems it necessary to analyse the provisions of Companies Act and the Code of Criminal Procedure. For ready reference Section 435. (1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452 , by notification], establish or designate as many Special Courts as may be necessary. 436 . (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (a) [all offences specified under sub-section (1) of section 435] shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned; 438 . Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in subclause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate. 16. From bare reading of Section 435 of the Companies Act, it is evident that for the purpose of providing speedy trial of the offences under the Companies Act, the Central Government by notification may establish or designate as many special Courts as necessary and in that context IX Additional District and Sessions Judge, Gwalior has been designated as Special Court under the Companies Act vide notification dated 18.05.2016 issued by Industry and Corporate Forum. 17. Section 436 of the Companies A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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