HEMENDRA M KOTHARI Vs. W S VAIGANKAR

JUDGEMENT

(1.) This is an application for quashing the order passed by the learned Sessions Judge, Pune in criminal Revision Application no. 217 of 1996 in case no. 3 of 1996 filed by the Respondent no. 1 who is Assistant Director of Enforcement directorate (FERA) , against the petitioner.

(2.) The prosecution case in brief is that the present applicant was non Executive Director of M/s kirloskar Brothers Limited, Pune. He was also working with M/s DSP Financial Consultants Ltd. , mumbai. On certain information received by the directorate of Enforcement, Mumbai, search of office premises of Kirloskar Brothers Ltd. and its officers were undertaken and besides the other things, it was found that A. T. C. Pvt. Ltd. had paid amount of 30 Lacs to one Mr. M. M. Vaidya, vice President of Kirloskar Brothers Ltd. and said m. M. Vaidya had made the payment of that amount to the present applicant, H. M. Kothari, in consideration of his making payment of 2 Lac sterling Pound, to M/s PME Limited, London. In view of this, the complaint was filed against accused persons under Foreign Exchange Regulation act, 1973, (FERA in brief). The present applicant moved an application before the Chief Judicial magistrate to recall the process, but that application was rejected. Thereafter, he filed revision application dtd. 2/7/1996, which also came to be dismissed by the learned Additional sessions Judge, Pune. Thereafter the applicant filed the present application under Section 482 of cr. P. C. seeking to quash the order passed by the learned Judge. Petitioner contends that there is no material to establish that he had received amount of Rs. 30 Lacs for transferring amount of 2 lac Pounds to P. M. Engines Ltd. , London on behalf of M/s Kirloskar Brothers. According to him, there was nothing to show that the present applicant had violated any provisions of Foreign Exchange regulation Act, 1973 and particularly Section 9 (a) read with Section 56 of the said Act.

(3.) Heard Mr. Amit Desai, learned Counsel for the applicant and Mr. Nalawade, learned Special public Prosecutor for respondent no. 1.