2014 (1) TMI 692

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..... int (Annexure P-1) under Section 56 of The Foreign Exchange Regulation Act, 1973 (hereinafter referred to as FERA) read with Sub-section (3) & (4) of Section 49 of The Foreign Exchange Management Act, 1999, petitioner-company and its four Directors have been summoned as accused by trial court vide order of 28th May, 2012 (Annexure P-2). 2. In this petition, quashing of aforesaid criminal complain .....

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..... A, 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 beh .....

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..... . 5. It was maintained on behalf of respondents that in the complaint (Annexure P-1) in question, specific role has been attributed to petitioners and attention of this Court was drawn to paragraph No.2 (vii) & (viii) of the complaint (Annexure P-1). It was disputed on behalf of respondents that documents relied upon in the complaint were not served upon petitioners. Lastly, it was maintained on .....

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..... ces 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 determin .....

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..... ion 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. 10. In light of the aforesaid, this petition is disposed of with liberty to petitioners to .....

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