In Brief
In a dispute over company control, private complaint filed allegations of fraud under the Companies Act, 2013. The Supreme Court held that sections 448 and 451—which prescribe punishment for false statements and repeated defaults—are inextricably linked to Section 447 (fraud), the substantive penal provision. Since Section 212(6) restricts cognizance of "offences covered under Section 447" to complaints by the SFIO or Central Government authorities, not private complaints, the Special Court lacked jurisdiction. The Court partly allowed the appeal, quashing proceedings under Sections 448 and 451 while permitting Indian Penal Code offences to proceed before a competent criminal court.
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