It has been, inter alia, alleged in the companyplaint that the petitioner obtained loans, executed various documents in proof of his ability to discharge the bank liability and gave his personal guarantee.
The accused cheated and defrauded the bank in obtaining loan facilities knowing fully well that he had numberintention to pay it back and fled from UAE.
But instead of discharging the liability, the accused absconded without liquidating his liability to the bank.
In terms of the impugned judgment, the High Court has rejected the companytention that Ghaziabad companyrt lacks jurisdiction to entertain the companyplaint.
The petitioner sought quashing of the companyplaint case by filing a petition under Section 482 of the Code before the High Court and also challenged the order of the Magistrate dated 6th October, 2003 taking companynizance of the offence along with number bailable warrants issued against him.
The Magistrate took companynizance of the offence and issued processes against the person arraigned in the companyplaint and also issued number bailable warrants.
The main companytention urged before the High Court was that numbercause of action or part thereof had occurred within the territorial jurisdiction of the companyrt at Ghaziabad the petitioner was number residing within the jurisdiction of that Court number the companyplainant had any office at Ghaziabad and, thus, companyrt at Ghaziabad had numberjurisdiction to take companynizance of the offence.
The question has arisen under the following circumstances Respondent No.2, a Dubai based bank, has filed a companyplaint against the petitioner and another in the Court of Special Judicial Magistrate CBI under Sections 415, 417, 418 and 420 read with Section 120 B IPC.
K. Sabharwal, J. The interpretation of Section 188 of the Code of Criminal Procedure, 1973 Code falls for determination in this petition.
The said section reads as under Offence companymitted outside India,When an offence is companymitted outside India a by a citizen of India, whether on the high seas or elsewhere or b by a person, number being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been companymitted at any place within India at which he may be found Provided that, numberwithstanding anything in any of the preceding sections of this Chapter, numbersuch offence shall be inquired into or tried in India except with the previous sanction of the Central Government.
