Section 440 of Companies Act, 2013 – Transitional provisions

SECTION 440. TRANSITIONAL PROVISIONS

[1][Effective from 18th May 2016]

Any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established, be tried by a [2] [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 (2 of 1974):

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  [2] [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.

[1]Notified vide Notification no. F.No. 01/12/2009-CL-I (Vol.IV) dated 18^th May 2016

[2] Substituted for the words “Court of Session” by the Companies (Amendment) Act 2017 vide Notification No. S.O. 1833(E)  dated 7^th May, 2018.