KULDIP SOOD Vs. NAJIB SHAH

JUDGEMENT

(1.) THIS petition has been filed by Shri Kudlip Sood under Section 482 of the Code of Criminal Procedure seeking quashment of the complaint and the proceedings pending in the Court of Shri S. C. Jain, Additional Sessions Judge, New Delhi.

(2.) FACTS , in brief, are that Assistant Director of Enforcement has filed a complaint against M/s Kay Films (P) Ltd. and two petitioners under section 56 of the Foreign Exchange Regulation Act, 1973 (for short 'FERA Act'). The petitioners are Directors of the aforesaid private limited company and have been mentioned in the complaint as incharge of and responsible for the conduct and affairs of business of the said Company during the relevant period. The premises of the said company at Flat No. 3, Yaswant Place, Chanakya Puri, New Delhi, were searched on April 4, 1983 and some incriminating documents were recovered and saized and from the investigation it came out that accused had effected four shipments of carpets of the value of Rs. 1,73,36,589.60 to M/s. S.A. International. Houston, Taxas. USA but had realised only a sum of Rs. 26,14,409.80 and no steps have been taken for realising the balance amount within the stipulated period of six months. It was alleged that the failure to realize the full export value of the goods is contravention of Section 18(2) read with Section 18(3) of the Act read with certain Government Notification, details of which have been given in the complaint.

(3.) THE learned counsel for the petitioner has drawn my attention to para 8 wherein an averment has been made that the said particular director has been incharge of the said business and only averment made is that he is responsible for the conduct of the business of the company. The counsel for the petitioner forgets that such an averment already stands made in para 3 of the petition which I reproduce below :