SANJAY MALVIYA Vs. R.K. RAWAL

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of complaint i.e. CC No. 880/1 titled as "Enforcement Directorate vs. Sanjay Malviya & Ors." and the summoning order dated 27th May, 2002 passed by the Additional Chief Metropolitan Magistrate under Section 56 of Foreign Exchange Regulation Act, 1973 (FERA) read with Section 49 (3) and (4) of Foreign Exchange Management Act, 1999 (FEMA) in view of judgment dated 21st April, 2009 passed by this Court in Writ Petition (Crl.) No.800/2002 titled as Devashis Bhattarcharya vs. Union of India, 2009 159 DLT 780.

(2.) Brief facts of the case are that Mahanagar Telephone Nigam Ltd (MTNL) filed a complaint with Special Cell, Lodhi Road, Delhi Police on 3rd May, 2000 alleging that Integrated Services Digital Network (ISDN) connection was given to 12 subscribers each at business premises of the companies at E-380 Greater Kailash, New Delhi to petitioner's company M/s Intergroup C& E Ltd. and another company at M-70 Greater Kailash belonging to co-accused Shri Arindam Ganguly.

(3.) The modus operandi as alleged by MTNL in the complaint was that one ISDN line was made a permanent channel at each of the above premises and thereafter by using sophisticated equipment international calls were being distributed to Delhi & nearby areas illegally through PSTN (Public Switch Telephone Network). One ISDN line has a bandwidth of 144 Kbps and this bandwidth was misused to make about 24 voice calls in one single ISDN call, which caused loss equivalent to the charges for 22 lSD calls to the Govt. of India in terms of foreign exchange. It was averred that the above mentioned act resulted in loss of approx. Rs.5 crore to Govt. of India in foreign exchange