S THURAISINGAM PROPRIETOR Vs. ENFORCEMENT OFFICER DIRECTORATE OF ENFORCEMENT SHASTRI BHAVAN SOUTHERN ZONE

JUDGEMENT

(1.) THESE revisions are filed by the accused against the order of rejection of the unnumbered petitions filed under Section 258 of the Code of Criminal Procedure in C. C. Nos. 390 and 391 of 2002 respectively on the file of the Additional Chief Metropolitan Magistrate, E. O. II, Egmore, Chennai as not maintainable as per order dated 31. 3. 2003.

(2.) THE respondent filed complaints in C. C. Nos. 390 and 391 of 2002 respectively under Section 57 of the Foreign Exchange Regulation Act (hereinafter referred to as 'the Act') for non-payment of penalty amount of Rs. 3,75,000/- out of the total amount of Rs. 6,50,000/- as per order dated 27. 11. 2000 and for non-payment of penalty amount of Rs. 1 lakh as per order dated 25. 8. 2000, despite the reminder notice sent on 06. 5. 2002. The accused filed petitions under Section 258 of the Code of Criminal procedure for direction not to proceed with the trial of the said criminal cases. In the petitions, it is stated that the accused filed appeals before the FERA Board along with the petitions to dispense with the deposit of the penalty amount and both the appeals are pending disposal before the FERA Board. Since the statutory appeals are pending, the criminal prosecution on the basis of the original order cannot be proceeded with till the disposal of the said appeals. The Additional Chief Metropolitan Magistrate, Chennai, after hearing the counsel for the accused and considering the submissions made by the counsel, without numbering the petitions, rejected the petitions as not maintainable. The order in both the petitions are challenged in these revisions.

(3.) HEARD the learned counsel for the petitioner and the learned counsel for the respondent.