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TMI Blog1995 (9) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... ommission 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, 1973. The learned Additional Chief Metropolitan Magistrate, Third Court, Bombay, dismissed the complaint on August 11, 1978, in Case No. 133/W of 1977, inter alia, holding that the penal provisions and the procedure to be followed for lodging a complaint in a criminal court under the Foreign Exchange Regulation Act, 1947, under which the alleged violation by the accused had taken place, being different and inconsis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made cannot be bypassed. In the absence of such adjudication by the Revenue authorities as a condition precedent to lodge a complaint in a criminal court-in the later Act of 1973 the provisions for lodging a complaint in a criminal court by following the procedure under the later Act not only takes away the substantive right of the accused to have a departmental adjudication but the same being inconsistent with the provisions relating to lodging of complaints under the old Act, no complaint for any violation of the provisions of the old Act is maintainable and the learned Magistrate is fully justified in dismissing the complaint. He has submitted that under the old Act, no complaint could be straightaway lodged to the criminal court unti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. Incidentally, we may also indicate here that previously, before lodging the complaint in question, a finding was made by the departmental authority that the imposition of a penalty would not be adequate in the facts of the case but immediately thereafter, no complaint in the criminal court was lodged and the complaint has been lodged after a lapse of some time by which time the new Act has become operative. In the aforesaid circums ..... X X X X Extracts X X X X X X X X Extracts X X X X
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