TMI Blog2014 (1) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint in question prima facie justify continuance of proceedings arising out of this complaint. Pertinently, prosecution of petitioners in the instant Complaint is for contravention of substantive provisions of this enactment i.e. Section 14, 16 & 18 (3) of FERA read with Central Government's Notification No. F-1/67/EC/73-1 & 3 both of 1st January, 1974. So, this question as well as the question of vicarious liability is left open to be considered at the stage of framing of charge/Notice under Section 251 of Cr.P.C., as the case may be - petition is disposed of with liberty to petitioners to urge the pleas taken in this petition on the afore-noted limited extent before the trial court at the stage of framing of charge/Notice, while no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity notice as contemplated under section 61 (ii) of the FERA, 1973 was given to the petitioners before filing of the complaint under section 56 of the FERA. (ii) That relied upon documents were not furnished to the petitioners before filing of the complaint under section 56 of the FERA; (iii) Role of each of the individual accused Directors is not specified in the complaint. 4. To resist this petition, learned Central Government Standing Counsel on behalf of respondents had placed reliance upon decisions in The Assistant Director, Enforcement Directorate, Government of India Vs. Khader Sulaiman, P. Krishnasamy and J. Sampath Kumar, 2003 Cri. L.J. 3468; A S G Jothimani Nadar Vs. Deputy Director, Enforcement Directorate 1984 Law Suit( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oners are being prosecuted. 7. Upon hearing and on perusal of the impugned complaint, the material on record and the decisions cited, I find that respondents maintain in their counter affidavit that Opportunity Notices in terms of Section 67 of FERA were issued to petitioners and the documents relied upon in the complaint in question were supplied to petitioners. However, petitioners dispute it. This raises a triable issue which is required to be determined at trial. 8. The stand of petitioners that there was no intentional or wilful default on their part also raises a triable issue which cannot be determined while exercising inherent jurisdiction of this Court under Section 482 of Cr.P.C. and that too, at the threshold of these proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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