BACHRAJ BENGANI Vs. A K ROY

JUDGEMENT

(1.) THE challenge in this petition is to an order dated 16 th March 2006 passed by the learned Additional Chief Metropolitan Magistrate (ACMM), New Delhi in a Complaint Case No. 180 of 1991 titled "a. K. Roy, Assistant Director, Enforcement Directorate v. Bachraj bengani" under Section 174 IPC.

(2.) THE case of the complainant Assistant Director, Enforcement directorate (the Respondent herein) was that the petitioner wilfully neglected and failed to appear on 5th April 1990, 29th November 1990 and 20th May 1991despite the summons issued to him under Section 40 (4) of the Foreign Exchange Regulation Act, 1973 (FERA) for those dates and had therefore committed an offence under Section 174 IPC.

(3.) THE learned ACMM took cognizance of the offence under Section 174 ipc on the basis of the said complaint on 21st August 1991. Summons was issued for the appearance of the Petitioner on 14th February 1992. The petitioner sought exemption from appearance by filing an application on 29th May 1992. Subsequently by an order dated 18th July 2002 he was declared a proclaimed offender and was arrested on 15th March 2004. In the meanwhile FERA came to be repealed by the Foreign Exchange management Act, 1999 (FEMA) which came into force on 1 st June 2000. In terms of Section 49 (3) no court could take cognisance of an offence under FERA after a period of two years from the date of commencement of FEMA. Therefore, the sunset period during which complaints for commission of an offence under FERA was from 1 st June 2000 till 31st May 2002. Admittedly, during this period the complainant did not file any complaint against the petitioner for the commission of any offence under the FERA.