AJAY BAKLIWAL Vs. STATE

JUDGEMENT

(1.) In this petition filed under sections 482 / 483 CRIMINAL PROCEDURE CODE and Article 227 of Constitution of India the petitioner seeks setting aside of the order dated 22/12/1994 passed by Additional Chief Metropolitan Magistrate, New Delhi and quashment or proceedings pending before him.

(2.) Respondent No.2 A.K.Roy filed a complaint against the petitioner before A.C.M.M. New Delhi on 27/01/1993, interalia, alleging that on the basis of reliable Information that Pardeep Chand was Indulging in illegal sale and purchase of foreign exchange a search was conducted at his house bearing No.E-5, Jangpura Extension, New Delhi on 2/01/1992 and certain incriminating) documents were recovered from there by the officers of Enforcement Directorate. Upon further investigation, involvement of Ajay Bakliwal petitioner came to light and hence, his presence was considered necessary the petitioner was summoned by the Enforcement Directorate under Section 40 of Foreign Exchange Regulation Act, 1973 (for short "the 'Act') vide summons / notices dated 9/11/ 11/12/1992 which were duly received by him. However he deliberately failed to appear before the concerned officer of Directorate on one pretext or the other. The petitioner had thus rendered himself liable to be prosecuted under section 56 of the Act.

(3.) In terms of the order dated 27/1/1993 cognizance for the offence under said section 56. was taken by A.C.M.M. New Delhi and the petitioner was summoned for 8/07/1993. The, petitioner thereafter filed application for discharge / dropping the proceedings.In terms of aforessaid order dated 22/12/1994 cognizance was taken against him for an offence punishable under section 228 INDIAN PENAL CODE also holding that he had not committed offence under said section 56, It is this part of the order which is being impugned by the petitioner in this petition.