LEE KUN HEE & ORS. versus STATE OF U.P. & ORS.

LEE KUN HEE & ORS. versus STATE OF U.P. & ORS.

Supply of goods, holding of bill of exchange, and consequences of denial of payment took place in Ghaziabad, India, giving Indian courts jurisdiction to try criminal complaint under sections 179, 181(4), and 182 Cr.P.C. Prima facie material demonstrates connectivity of appellants to alleged offences; civil and criminal proceedings can be pursued concurrently. Appeal to quash summoning order dismissed; objections may be raised before trial court.

Parties
Appellants: Lee Kun Hee & Ors.; Respondents: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
01 February 2012
Procedural Posture
Criminal Appeal / Appeal Decided
Outcome
Appeal dismissed
Legal Topics
Territorial Jurisdiction, Dishonour of Bill of Exchange, Cheating, Civil and Criminal Liability
Criminal Law Procedure Territorial Jurisdiction Dishonour of Bill of Exchange Cheating Civil and Criminal Liability

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Parties

Lee Kun Hee & Ors.

Appellants

State of U.P. & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Decided

Legal Issues

  1. 1 Whether Indian courts have territorial jurisdiction to entertain the criminal complaint for offences relating to dishonour of bill of exchange when parties are foreign and the alleged actions occurred abroad
  2. 2 Whether the summoning order can be challenged on grounds of want of privity to contract or lack of specific allegations against the accused
  3. 3 Maintainability of criminal proceedings when civil remedy has been pursued for the same cause of action

Ratio Decidendi

Supply of goods, holding of bill of exchange, and consequences of denial of payment took place in Ghaziabad, India, giving Indian courts jurisdiction to try criminal complaint under sections 179, 181(4), and 182 Cr.P.C. Prima facie material demonstrates connectivity of appellants to alleged offences; civil and criminal proceedings can be pursued concurrently. Appeal to quash summoning order dismissed; objections may be raised before trial court.

Court Disposition

Appeal dismissed

Orders

  • Appellants may raise objections before trial court; trial court to adjudicate after evidence, uninfluenced by this judgment.