Vinay Bhadauria vs Insolvency And Bankruptcy Board Of … on 9 April, 2026

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    Madhya Pradesh High Court

    Vinay Bhadauria vs Insolvency And Bankruptcy Board Of … on 9 April, 2026

               NEUTRAL CITATION NO. 2026:MPHC-GWL:11827
    
    
    
    
                                                                 1                          MCRC-32697-2022
                                 IN     THE      HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
                                                       ON THE 9 th OF APRIL, 2026
                                               MISC. CRIMINAL CASE No. 32697 of 2022
                                                VINAY BHADAURIA
                                                     Versus
                                INSOLVENCY AND BANKRUPTCY BOARD OF INDIA THROUGH
                                                  SUNIL KUMAR
                              Appearance:
                                      Shri Praveen Surange - Advocate for the petitioner.
                                      Shri Ram Pathak- Advocate for respondent.
    
                                                                     ORDER
    

    The present petition has been filed under Section 482 of the Cr.P.c. for
    quashing of the complaint dated 05.01.2021 under Section 236 for the
    offence under Sections 19, 68, 69, 70, 74(1) and 235A of the Insolvency and
    Bankruptcy Code, 2016 reach with Sections 190, 193 and 200 of the Cr.P.C.
    registered with case No.SC/38/2021 before the Court of IX Additional
    District and Sessions Judge, Gwalior.

    2. Learned counsel for the complainant submitted that a complaint was
    filed by the complainant/respondent against the accused/petitioners under
    Section 236 for offences under Sections 19, 68, 69, 70, 74(1) and 235A of
    the Insolvency and Bankruptcy Code, 2016 read with sections 190, 193, and
    200 of the Code of Criminal Procedure, 1973 which was registered as case
    no.SC/38/2021 before learned Court of IX Additional District and Session
    Judge, Gwalior. The complaint is sub-judice before the Court of IX

    SPONSORED

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    2 MCRC-32697-2022

    Additional District and Session Judge, Gwalior. Subsequent to the filing of
    complaint by the complainant/respondent, summons vide dated 27.09.2021
    were issued against both the accused/petitioners. But, proper procedure as
    prescribed as per the provisions of Code of Criminal Procedure, 1973 was
    not followed while issuing summons to the accused/petitioners. It is clear
    from the bare perusal of Section 204(3) of the Code of Criminal Procedure
    Code, 1973 that every summons or warrant issued under Sub-section (1) of
    the said section shall be accompanied by a copy of the complaint. However,
    the complainant/respondent has not been served a copy of the complaint
    along with the Summons to the accused/petitioners.

    3. It is further argued that the Trial Court vide order dated 05.01.2021

    (Annexure P-3) has taken cognizance of the complaint in a wholly
    mechanical manner, without application of judicial mind and without passing
    a reasoned or speaking order, thereby vitiating the entire proceedings at the
    threshold. He relied on the judgement passed by the Hon’ble Apex Court in
    the case of Pradeep S. Wodeyar Vs. State of Karnataka 2021 SCC OnLine
    SC 1140 . The Petitioners had specifically raised a preliminary objection
    regarding lack of territorial jurisdiction before the Trial Court. However, the
    said objection was outrightly rejected vide impugned order dated 04.05.2022
    (Annexure P-1) without proper appreciation of statutory provisions and
    settled law, rendering the order arbitrary and unsustainable.

    4. Learned counsel for petitioner submitted that the complaint was
    filed under section 236 of the Insolvency and Bankruptcy Code (hereinafter
    referred as IBC). Sections 236(1) and 236(2) of the IBC expressly provide as

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    3 MCRC-32697-2022
    under:

    “(1) Notwithstanding anything in the Code of Criminal Procedure,
    1973 (2 of 1974), offences under of this Code shall be tried by the
    Special Court established under Chapter XXVIII of the
    Companies Act, 2013
    (18 of 2013)”

    “(2) No Court shall take cognizance of any offence punishable
    under this Act, save on a complaint made by the Board or the
    Central Government or any persons authorised by the Central
    Government in this behalf.”

    5. Section 436(1)(a) of Chapter XXVIII of the Companies Act, 2013
    reads as under:

    “436. Offences triable by Special Courts (1)
    Notwithstanding anything contained in the Code of
    Criminal Procedure
    . 1973 (2 of 1974),-

    (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;”

    6. From the bare reading of section 436 it is clear that offences shall be
    triable only by the Special Court established under section 435 having
    territorial jurisdiction where the registered office of the company is situated.

    It relevant to refer the Annexure D-1, wherein it is clear that as per
    notification dated 18.05.2016 wherein at S. No. 6 of the list, L.d. IX
    Additional District & Sessions Judge, Gwalior is having jurisdiction only
    with respect to State of Madhya Pradesh. While the registered office of the
    company against which the complaint is relates is admittedly situated at New
    Delhi. Therefore, Trial Court lacked inherent jurisdiction to take cognizance
    of the complaint.

    7. The complainant/respondent himself admitted that the registered

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    4 MCRC-32697-2022
    office of the company is situated at New Delhi. Then, it is relevant here to
    have perusal of the Section 60 (1) of the IBC, 2016 2013, and the same is
    reproduced herein for ready reference-

    60. Adjudicating Authority for corporate persons .-(1) The
    Adjudicating Authority, in relation to insolvency resolution and
    liquidation for corporate persons including corporate debtors and
    personal guarantors thereof shall be the National Company Law
    Tribunal having territorial jurisdiction over the place where the
    registered office of the corporate person is located.”

    8. It is also admitted by the complainant/respondent that the allegations
    arise out of alleged non-compliance of directions issued by the NCLT
    Principle Bench. As per the notification dated 01.06.2016, the NCLT
    Principle Bench is situated at New Delhi and exercises its jurisdiction over
    the Union Territory of Delhi, State of Haryana and State of Rajasthan.

    9. Vide notification dated 27.07.2016 issued by the Ministry of
    Corporate Affairs, the Court of Additional Sessions Judge-03. South-West
    District, Dwarka, New Delhi has been designated as the Special Court under
    Section 435 of the Companies Act for the NCT of Delhi. Therefore the entire
    cause of action has arisen within the territorial jurisdiction of New Delhi.
    And, only the said Special Court at New Delhi has the jurisdiction to try the
    alleged offences under the IBC and LD. Special Court at Gwalior has no
    territorial jurisdiction to take cognizance of the complaint.

    10. The assumption of jurisdiction by the Ld. Trial Court is ex facie
    illegal. being contrary to the mandatory statutory scheme. The entire
    proceedings, including the order taking cognizance and subsequent orders,
    are thus without jurisdiction and liable to be quashed. Hence, this petition be

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    5 MCRC-32697-2022
    allowed and the order of the court below be set aside.

    11. On the contrary, learned counsel for
    respondent/Board/complainant submitted that all the alleged offences were
    committed sitting at the place which falls within the jurisdiction of Special
    Court Gwalior. The suspended directors, being residents of Gwalior, have
    failed to extend cooperation and have committed acts of non-compliance and
    other related contraventions within the jurisdiction of Gwalior. The said acts
    constitute continuing defaults, as the non-cooperation persists over time. In
    this regard, as per Section 177 of the Code of Criminal Procedure, 1973,
    every offence shall ordinarily be inquired into and tried by a court within
    whose local jurisdiction it was committed. He further argued that, Section
    178
    of the Code provides that in cases of continuing offences or where acts
    occur across multiple jurisdictions, the matter may be inquired into or tried
    by a court having jurisdiction over any such local area. He also submitted
    that under Section 179 of the Code, where an act constitutes an offence by
    reason of its consequences, the jurisdiction also lies where such
    consequences ensue. Therefore, in light of the residence of the suspended
    directors and the continuing nature and consequences of the contraventions,
    the courts at Gwalior have the appropriate jurisdiction to inquire into and try
    the present matter. The petitioners had not raised any issue regarding the
    jurisdiction before the lower court and in the present petition also not a single
    issue regarding the jurisdiction of Madhya Pradesh has been raised. Hence,
    this petition deserves to be dismissed.

    12. Heard learned counsel for the parties and perused the record.

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM

    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    6 MCRC-32697-2022

    13. It is not in dispute that the registered office of the company in
    question is situated at New Delhi. It is also an admitted position that the
    allegations in the complaint arise out of alleged non-compliance of
    directions issued by the NCLT, Principal Bench, New Delhi.

    14. As per the statutory scheme, particularly Section 60(1) of the IBC,
    the Adjudicating Authority in relation to insolvency resolution of corporate
    persons is the National Company Law Tribunal having territorial jurisdiction
    over the place where the registered office of the corporate person is located.
    Further, as per the notification issued by the Ministry of Corporate Affairs,
    the Special Court designated for the National Capital Territory of Delhi is the
    Court of Additional Sessions Judge, South-West District, Dwarka, New
    Delhi.

    15. In view of the aforesaid statutory provisions, this Court finds that
    the jurisdiction to try offences under the IBC is specifically conferred upon
    the Special Court linked to the place where the registered office of the
    company is situated. The said provision overrides the general provisions of
    the Cr.P.C. relating to territorial jurisdiction.

    16. The contention of the respondent that the cause of action has arisen
    at Gwalior on account of residence of the directors or alleged continuing
    defaults cannot be accepted in the present case, in light of the special
    statutory scheme governing trial of offences under the IBC, which clearly

    mandates jurisdiction based on the location of the registered office.
    Therefore, the assumption of jurisdiction by the Court of IX Additional
    District & Sessions Judge, Gwalior is found to be contrary to the statutory

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM
    NEUTRAL CITATION NO. 2026:MPHC-GWL:11827

    7 MCRC-32697-2022
    mandate and cannot be sustained.

    17. Consequently, the present petition is disposed of with a direction
    to the respondent/complainant/Board to file the complaint before the
    competent Special Court having jurisdiction at New Delhi/competent court
    having jurisdiction, in accordance with law. It is made clear that this Court
    has not expressed any opinion on the merits of the case and all issues are left
    open to be adjudicated by the competent court.

    18. The concerned Special Court is directed to return the original copy
    of the complaint filed by the Board/complainant and relevant certified copies
    by replenishing it with photocopy of the same and respondent/complainant is
    directed to file the same before the competent court/special court having
    jurisdiction.

    19. If the petitioner files such complaint before the
    competent/concerned court within a period of three months from the date of
    passing of this order, then the aforesaid Special/competent court is expected
    to ignore the point of limitation, if any.

    20. With the aforesaid, this petition stands disposed of.

    (RAJESH KUMAR GUPTA )
    JUDGE

    Vishal

    Signature Not Verified
    Signed by: VISHAL
    UPADHYAY
    Signing time: 4/10/2026
    5:16:05 PM



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