TMI Blog1995 (9) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... stances 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. - CRIMINAL APPEAL NO 522 OF 1980 - - - Dated:- 6-9-1995 - G.N. RAY AND G.T. NANAVATI, JJ. Krishan Mahajan and P.H. Parekh for the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissal of the complaint passed by the learned Additional Chief Metropolitan Magistrate. By the impugned judgment, the Bombay High Court has come to the finding' that there was no inconsistency between the provisions of the old Act, i.e., the Foreign Exchange Regulation Act, 1947, and the new. Act, namely the Foreign Exchange Regulation Act, 1973, thereby affecting any substantive right of the accused which they had under the old Act. It has been held by the High Court that the complaint was maintainable and the impugned order was set aside. Mr. Mahajan, learned counsel appearing for the appellants, has contended that the High Court has failed to appreciate the inherent inconsistency between the old Act and the new Act in the matter of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration of adequacy of penalty was there, the vires of the proviso to sub-section 23D(1)( a )"of the old Act was upheld by this court in a decision in Superintendent and Remembrancer of-Legal Affairs, West Bengal v. Girish Kumar Navalakha, [1975] 45 Comp Cas 400 ; [1975] 4 SCC 754. Mr. Mahajan has contended that under the present Act, there is a provision for initiating departmental proceedings for imposing penalty for "violation of the provisions of the Foreign Exchange Regulation Act. 1973, under section 51 of tie said Act. But no guideline has been given as to under what circumstances, the departmental authority would file a complaint before the criminal court instead of deciding the case of violation of the Foreign Exchange Regul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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