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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

Kaushik Chatterjee v. State of Haryana

Transfer Petition (Criminal) · 2020 INSC 568Decided 30 Sept 2020
Transfer Petition (Criminal) No. 456 of 2019
Justice V. Ramasubramanian

Background

The petitioner, a former risk officer of a non-banking finance company, was accused in three separate loan-fraud FIRs lodged by his former employer at a police station in Gurugram, Haryana. He sought to have all three cases transferred to Delhi, arguing that the loans in question were actually sanctioned in Delhi, Indore and Surat, not Gurugram, so the Gurugram police and courts had no territorial jurisdiction to handle them.

Decision Breakdown

The Court undertook a detailed review of how territorial jurisdiction works in criminal cases under the Code of Criminal Procedure, distinguishing it from jurisdiction over the offence itself. It held that whether Gurugram genuinely had jurisdiction was a disputed question of fact, turning on where the loan agreements were executed, where security was located, and similar details, that could only be resolved through evidence at trial, not decided upfront in a transfer petition. The transfer petitions were accordingly dismissed, while leaving it open to the petitioner to raise the jurisdictional objection before the trial court once evidence is led.

Lesson Learnt

If you believe a criminal case against you was filed in the wrong city or court, you generally cannot get it transferred by the Supreme Court merely on that ground: jurisdictional objections usually have to be raised and proved with evidence before the trial court itself.

Kaushik Chatterjee v. State of Haryana – Legal Case Shots | LegalAware