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1995 (9) TMI 266 - SC - Companies LawValidity of the complaint made by the Assistant Director of Enforcement Directorate, Government of India, Bombay, against the appellants alleging commission of offences under section 120B of the Indian Penal Code, read with sections 4(1), 4(2), 5(1)(a), 5(1)(aa) and 5(1)(c ) of the Foreign Exchange Regulation Act, 1947, corresponding to section 120B of the Indian Penal Code, read with sections 8(1), 8(2), 9(1)(a), 9(1)(b) and 9(1)(d ) of the Foreign Exchange Regulation Act challenged Held that:- Appeal dismissed. The complaint being maintainable no interference is called for as in the facts and circumstances of the case, it is not necessary to consider any of such contentions raised by Mr. Mahajan because in the instant case, the complaint has been lodged not only for the violation of. the provisions of the Foreign Exchange Regulation Act, 1947, but also nor an offence under section 120B of the Indian Penal Code. Such complaint of commission of an offence under section. 120B of the Indian Penal Code, in any event, could not have been decided by the departmental authority either under the old Act or under the new Act. Such complaint therefore, was to be made only before the criminal court.
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