Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] exercising jurisdiction over the area, notwithstanding anything contained in the Code of Criminal Procedure, 1973 :
Provided that nothing contained in this section shall affect the powers of the High Court under section 407 of the Code to transfer any case or class of cases taken cognizance by a 1[Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be] under this section.
Amendment
1.Substituted by the Companies (Amendment) Act,2017 – Amendment Effective from 7th May 2018
In section 440
for the words “Court of Session”
the following words shall be substituted, namely :-
“Court of Session or the Court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be”