Kumar Variar Vs. Share Shoppe  INSC 598 (3 May 2010)
KUMAR VARIAR v. SHARE SHOPPE
Appeal Nos. 961-962 of 2010) MAY 3, 2010 [Markandey Katju and A.K. Patnaik,
JJ.] 2010 (5) SCR 1153 The following order of the Court was delivered
Heard learned counsel for the parties.
This appeal has been filed against the impugned judgment and order
dated 14.05.2009 of the High Court of Delhi whereby the petition filed under Section
482 Cr.P.C. by the petitioner herein has been dismissed.
The appellant herein is an accused under Sections 415/420 IPC in
which summons have been issued to him by a Court at Delhi. He challenged the
summoning order on the ground that it is only the Court at Bombay which has
jurisdiction to try and entertain the complaint. His petition under Section 482
Cr.P.C. Challenging the summoning order has been rejected by the High Court by
the impugned order. Hence he is before us in this appeal.
In our opinion, in such cases where the accused or any other
person raises an objection that the Trial court has no jurisdiction in the
matter, the said person should filed an application before the Trial Court
making this averment and giving the relevant facts. Whether a court has
Jurisdiction to try/entertain a case will, at least in part, depend upon the
facts of the case. Hence, instead of rushing to the higher Court against the
summoning order, the concerned person should approach the Trial court with a suitable
application for this purpose and the Trial court should after hearing both the
sides and recording evidence, if necessary, decide the question of jurisdiction
before proceeding further with the case.
For the reason stated herein above, the impugned judgment and
order is set aside and the appeal is allowed. The appellant, if so advised, may
approach the Trial Court with a suitable application in this connection and, if
such an application is filed, the Trial Court shall after hearing both the sides
and after recording evidence on the question on jurisdiction, shall decide the
question of jurisdiction before further proceeding with the Trial.