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TMI Blog2018 (4) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... reinafter referred to as FERA). 2. Learned counsel for the petitioners, inter alia, contends that the respondent has failed to comply with the mandatory requirement of proviso to Clause (ii) of sub Section (2) of Section 61 of FERA and no opportunity notice, as mandated by law, was served on the petitioner. 3. It is contended that proviso to Section 61(2)(ii) of FERA prohibits taking of cognizance by a Court of an offence punishable under Section 56 and 57 of FERA unless an opportunity has been given to the accused of showing that he had the requisite permission. 4. Learned counsel for the petitioners submits that no such opportunity was granted and the opportunity notice, which was addressed to the petitioners, was, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Act or of any rule, direction or order made thereunder which prohibits the doing of an act without permission, no such complaint shall be made unless the person accused of the offence has been given an opportunity of showing that he had such permission." 7. The requirement of proviso to Clause (ii) of sub Section (2) of Section 61 is that an opportunity of showing that the accused had the requisite permission, is a mandatory requirement. 8. A Coordinate Bench of this Court in Sanjay Malviya vs. R.K. Rawal CEO Enforcement Directorate: (2015) 149 DRJ 231 has held that there is a statutory bar imposed under Section 61 of FERA on a magistrate on taking cognizance unless it is shown that the opportunity of showing availabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and acknowledgement of debt of Foreign Exchange failing which a complaint under section 56 RERA, 1973 read with Section 49(2) &(4) of FEMA, 1999 will be filed in the Court of Law against them. This notice is issued in pursuance of Section 61(2) of the FERA, 1973 read with section 49(3) & (4) of FEMA, 1999." 13. The Notice issued by the Respondents on 24.05.2002 was titled "OPPORTUNITY NOTICE". It specifically stated that it was being issued in pursuance of Section 61(2) of FERA and gave an opportunity to the Petitioner to show if they had the requisite permission. 14. It is also an admitted position that the notice dated 24.05.2002 was addressed to the petitioners at "A-34, Connaught Place, New Delhi". This is apparent fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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