ANIL KAPOOR Vs. NIRANJAN SUBUDHI

JUDGEMENT

(1.) Criminal Revision under Sec. 397/401 of the Code of Criminal Procedure, 1973, (hereinafter referred to as (Cr.P.C.) has been filed against the Order dtd. 29/7/2002 of the Addl. Chief Metropolitan Magistrate, New Delhi whereby the Application for discharge under the Offences under Sec. 56 of the Foreign Exchange Regulation Act 1973 (FERA) and Subsec. 3 and 4 of Sec. 49 of the Foreign Exchange Management Act, 1973(FEMA), has been dismissed.

(2.) Briefly Stated, a Complaint bearing No. 48/1 dtd. 20/2/2002 under Sec. 56 FERA Act 1973 and Subsec. 3 and 4 of Sec. 49 of the Foreign Exchange Management Act 1973 was filed against the Petitioner, for alleged violation of Sec. 18(2) and Sec. 18(3) of FERA 1973, before the court of Ld. ACMM by the Respondent, on behalf of the Complainant/Enforcement Directorate, in his official capacity and in view of the authorisation issued vide Central Govt. Order No.17/93 (F. No. 1/2/93) AD-IC dtd. 24/9/1993, in exercise of powers conferred upon under Sec. 61(2)(ii)(b) of FERA 1973.

(3.) It was submitted that Canara Bank, Connaught Circus, New Delhi vide its Letter dtd. 2/9/1999, informed the Delhi Zonal Office of the Enforcement that there were Overdue Export Bills Pending Realisation in the account of M/s Beeta Exports, West Karol Bagh, New Delhi, of the equivalent value of Rs.84.46 Crores involving 119 GRs.