Trisuns Chemical Industry vs Rajesh Agarwal And Others C on 17 September, 1999
I am being successful in tracing a precedent lending strength to the
aforesaid legal analogy drawn by me. In the case reported as "Trisuns
Chemical Industry v. Rajesh Aggarwal & ors." 1999 (4) RCR (Criminal) 223,
Hon'ble Mr. Justice K.T. Thomas propounded as following :
"10. It is an erroneous view that the Magistrate taking
cognizance of an offence must necessarily have territorial
jurisdiction to try the case as well. Chapter XIII of the
Code relates to jurisdiction of the criminal courts "in
inquiries and trials". That chapter contains provisions
regarding the place where the inquiry and trial are to take
place. Section 177 says that "every offence shall ordinarily
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be inquired into and tried by a Court within whose local
jurisdiction it was committed." But section 179 says that
when an act is an offence by reason of anything which has
been done and of a consequence which has ensued, the
place of inquiry and trial can as well be in a court "within
whose local jurisdiction such thing has been done or such
consequence has ensued." It cannot be overlooked that the
said provisions do not trammel the powers of any court to
take cognizance of the offence. Power of the court to take
cognizance of the offence is laid in Section 190 of the Code.
Subsections (1) & (2) read thus :