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Head Note

Criminal Laws  - Quashing of Criminal Proceedings

Quashing of Criminal Proceedings - Foreign Exchange Regulation Act, 1973 (FERA) - Section 6(4), 6(5) read with S.49, 56 - Alleged crediting of Non-Convertible Rupee Funds in the Non-Resident (External) Account - In spite of having dropped the allegations of 'consent' and 'connivance', the respondent in their complaint levelled allegations of all the three components, namely, consent, connivance and negligence - The contention of the appellant that the cognizance was taken on irrelevant consideration and there was suppression and also material omission in non-mentioning of reply sent by the appellant to the Opportunity Notice, in the complaint -To substantiate the averments in the complaint, not even a single original document was enclosed - It is not known as to, on what material the Additional Chief Metropolitan Magistrate applied his mind, while taking cognizance of the statutory offence - Held that though the allegation of negligence can be independently looked into, considering the standard of proof in criminal prosecution in the present case yet the continuance of prosecution against the appellant is not tenable in law and the proceedings are liable to be quashed in so far as appellant is concerned.

Topic(s)-FERA - Quashing of Criminal Proceedings