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Shinkar Karan (Regional Head)     10 February 2014

420 cases jurisdiction

Company is registerd in Mumbai & was into manufacturing business. For business expansion they issued pref shares & took investment from inevstors from all over india. The company went into financial crisis & cheques issued by director towards redumption of pref shares got bounced & number of cases were filed against the director & he got convicted. In the mean time company went into liquidation on liquidation suit filed by one of creditors. Some of the investors filed cases under section 420, 34.The cases have been filed in states other than where the company is registered.

Very important to note the investors who took cheques towards redumption though took cheques never returned pref shares certificates & even their compliant mentions that they still have origanals with them.  The company's office & directors own house has been sealed by liquidator.

My question is can jurisdiction of these cases be challenged. Company is registered in Mumbai , has office in Mumbai & pref shares form also clearly mentioned that jurisdiction is Mumbai. Pref shares were issued in Mumbai. Can 420 cases will stand in the court of law.

Experts please advise.

Best Regards,

Shrinkar



Learning

 3 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     11 February 2014

Yes it can be done but you have to move separate applications in each court and go for revision in respective district courts and there after can go to SC for compiling all cases.

 

It will be lengthy procedure but results can come.

T. Kalaiselvan, Advocate (Advocate)     12 February 2014

I agree with the experts opinion on the subject.

Seetharamreddy Kancharla (Student)     07 May 2014

where eeh cheque bounce the affected person file the case accrding to the territorial jursidiciton of the court.  In you case there are several cases were registered in diffenrent states you can approach the

SC of india file trasfer petition under section 406 CrPC, then  the SC will trasfer the said cases to your state. it takes lot of time sc matter is not settled immediatly.


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