TMI Blog2014 (3) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... . Verma, an NRI whose name finds mention in the adjudication order. The key element for finding that the Appellant violated Section 9 (1) (d) read with Section 64 (2) FERA is missing in the present case. The statement of Shri Narang regarding arranging the NRE draft from his sister’s account does not by any mean implicate the Appellant Suresh Kejriwal. The facts concerning Shri Narang, Shri Aggarwal and their transactions, if any, with Smt. Mediratta cannot be stated to be within the personal knowledge of the Appellant. The so-called admission statement of the Appellant, which was retracted by him, could not be relied upon in the absence of independent corroboration. - Appeal allowed - Decided in favor of appellants. - CRL.A. No. 77 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 9 (1) (d) FERA. As regards Smt. Sarita Mediratta, the show cause notice stated that by abetting the aforementioned contravention, she had contravened Section 9 (1) (d) FERA read with Section 64 (2) FERA and thereby rendered herself liable under Section 50 thereof. 3. In the reply dated 26th August 1996 to the show cause notice, the Appellant denied making such payment on behalf of Smt. Sarita Mediratta. It was stated that the receipt of payment from an NRE Account of a person resident out of India by a person resident in India was the prescribed method of receipt of payment under the FERA. It is further pointed out that Shri Sunil Narang to whom the alleged payment was made was not issued any show cause notice. 4. The documents rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be between 5% and 15% from such persons in cash and would thereafter hand over the cash to Shri Harsh Vohra of Punjabi Bagh, New Delhi. It was further observed that the facts referred to in the statement of the Appellant were known only to him; the statement was authentic and the denials made subsequently by the Appellant were an afterthought. Accordingly the Appellant was found guilty of the contravention of Section 9 (1) (d) FERA and asked to pay a penalty of Rs.25,000 under Section 50 thereof. 6. The AT, by an order dated 25th November 2004, directed the Appellant to deposit Rs.10,000 as a condition for hearing his appeal. He complied with the said order on 7th December 2004. 7. In the impugned order dated 13th November 2007, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement of Shri Sunil Narang dated 10th May 1995. He stated that Shri Harish Vohra was the brother-inCRL. law of Shri Satinder Mehta who was close friend of his brother-in-law Mr. Randhir Mediratta. He claimed to have been informed by his sister Smt. Mediratta that she would send him signed blank cheques and would also give him instructions on the telephone to fill in the value of the cheques and collect the premium ranging between 5% and 15% from such persons in cash and pass it on to Shri Harsh Vohra of Punjabi Bagh, New Delhi. He claimed not to have personally received any monetary benefit. He mentioned specifically a pay order for Rs.10 lakhs issued to one Shri Ravinder Juneja and another amount of Rs.90,000 to his own wife. He made n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced into making the said statement. He denied paying any premium on the amount of the pay order. 13. Section 9 (1) (d) FERA reads as follows: 9(1) Save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by the Reserve Bank, no person in, or resident in, India shall (a) to (c)....... (d) Make any payment to, or for the credit of, any person by order on behalf of any person resident outside India . 14. It is seen on the facts stated and the evidence that has come on record that there is nothing to show that the Appellant made payment of Rs.5.25 lakhs in lieu/as compensation for to the credit of Shri Sunil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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