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TMI Blog2010 (5) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... CRR 300 of 2005, CRR 1253 of 2006, CRR 1254 of 2006, CRR 1256 of 2006 praying for quashing of the proceedings pending before the Court of learned Metropolitan Magistrate, Calcutta. As the parties are the same and identical questions of law are involved, all the aforesaid revisional applications are taken up together for disposal. The factual matrix of the case may be summarised as follows:- In CRR 1480 of 2005 the case No. C 2942 of 1998 has been registered on the basis of a complaint made by the O.P. before the learned Chief Metropolitan Magistrate, Calcutta. It has been alleged in the complaint that accused No. 1 Modern Malleables Limitted is a limited Company and the other accused persons are the Director and Executive of the said Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the goods or procure the sale thereof, then such person has not taken reasonable steps to receive or recover the payment for the goods be presumed to have contravened the provision of Section 18(2) of the Act. The accused persons having failed to take any action or refrained from taking any action which has the effect of securing the export proceed of US 16,080.96 have not so far been received in India, the accused persons being the Director and Managers of the said Company have contravened the provisions of Section 18(2) read with Section 18(3) of the said Act and liable to be prosecuted under Section 56 of the Act. 2. It has been contended in the revisional application that prior to the institution of the criminal proceeding under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oy submits that the factual scenario in all these cases is the same and that the transaction was the same and in all 25 complaints were filed before the Court of learned Chief Metropolitan Magistrate out of which seven revisional applications have been disposed of by Hon'ble Justice S. P. Talukdar quashing the proceedings and eight other revisional applications were disposed of by Hon'ble Justice Partha Sakha Dutta quashing the criminal proceedings. Mr. Roy submits that these are the ten revisional applications which arose out of the same transactions and as the transaction is the same the decisions in those two cases are squarely applicable in these revisional applications. 4. Mr. Himangshu Dey, learned Counsel appearing on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime. 37. Having heard to the elaborate discussion in the preceding paras and viewed in the perspective that the GRIs (in respect of which the SCN was issued) stand regularised, I am of the opinion that the charges against the noticees now do not survive with strength. Hence, these would deserve to be dropped." 6. The adjudicating authority has observed that the noticees undertook earnest efforts for realising the pending proceeds as a result of which all the GRIs were regularised, even though after consuming a considerable period of time. It has also been observed that the Company has discharged all its legal obligations. The learned Counsel for the petitioner has also submitted that the RBI approved 'write off' in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsion of time I find that the basis of allegation has lost its force. In this connection it is necessary to mention the provisions contained in Section 18(2) and 18(3) of the FERA, 1973 which are set out as hereunder:- "Section 18(2) - Where any export of goods, to which a notification under clause (a) of sub-section (1) applies, has been made, no person shall, except with the permission of the Reserve Bank, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing- (A) in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1),- (a) that payment for the goods- (i) is made otherwise than in the prescribed manner, or (ii) is delayed beyond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he adjudicating authority that the Company has discharged all its legal obligations. So in view of the fact that the accused persons have taken all reasonable steps for the realisation of the amount and the RBI having granted 'write off' and also granting approval in respect of extension of time, it has become clear that the basis of the complaint under Section 56 read with Section 68 of the FRA, 1973 does not exist. In such view of the matter, I find that it will be abuse of the process of the Court if the criminal proceedings are allowed to continue. Under such circumstances, the decision referred to by Mr. Dey is not applicable. The revisional applications, therefore, succeed. Accordingly, proceedings in Case No. C 2942 of 1998 p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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