ARJUN AMLA Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) IN this case the petitioner is aggrieved from an order passed by the Learned ACMM dated 05.03.2007 passed in CC No. 763/01 which is a complaint filed by the respondent against Esam Trading Company Limited and three others i.e. Abhishek Verma, Sandeep Puri and M.A. Khan on the basis of the allegations made by the complainant that those persons had violated provisions of Section 8(1), 8(2), 8(3), 8(4), 9(1)(a), 9(1)(I)(i), 18(2), 18(3) read with sub-Section (3) of Section 49 of Foreign Exchange Management Act, 1999.

(2.) THE name of the present petitioner was not added as an accused in the complaint though his name appeared in paragraph 23 & 35 of the complaint where some allegations are made against the petitioner in helping Abhishek Verma in procuring some foreign exchange on a premium. However, the fact remains that he was not implicated as an accused.

(3.) THE petitioner has filed this petition aggrieved from an order passed by the ACMM summoning him under Section 319 Cr.P.C. while framing charges against the persons who were named in the complaint despite the Departmental decision not to of 11 prosecute him and to exonerate him in the adjudicatory proceedings. It is also submitted by the petitioners that one of the accused, namely, Shri Sandeep Puri who was named in the complaint and against whom adjudicatory proceedings resulted in his exoneration filed a petition in this Court by way of a criminal revision against the order of the ACMM which was registered as Crl. Rev. P. No. 326/07 and where a Learned Single Judge of this Court has taken a view that: