9911796707
TMI Blog2002 (12) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons including the petitioner for defrauding a huge amount of Government money to the extent of ₹ 7,09,92,000/- during the period 1980-90 on the basis of fake allotment letters and the petitioner took active part in getting money by way of certain foreign exchange remittance in total of US $ 3,15,000/- and Pounds 1000 as detailed in Annexure-1 during the year 1991-92. It was found that it was not actually the genuine gift but were suspected to be involved in violations of the provisions of Foreign Exchange Regulation Act. The petitioner admitted to had opened bank accounts in the names of five children of Dr. K.M. Prasad, the main accused, with Punjab National Bank, Roshnara Road, New Delhi in December, 1991 and he helped those pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of FERA, the offence is exclusively triable by the Court of Judicial Magistrate, Ist Class or any Metropolitan Magistrate as envisaged under Section 61 of FERA. But, in the instant case, the Special Judge took cognizance by the order impugned who has got no jurisdiction. Lastly, he submitted that the Special Judge was empowered only to try the case and he had no jurisdiction to take cognizance, as Special Judge was not empowered to take cognizance under the provisions of FERA but the complaint has been registered as FEMA case and the Special Judge has got no authority or jurisdiction to take cognizance of an offence and, therefore, order taking cognizance is fit to be quashed. 4. On the other hand, Mr. A.K. Das, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if there is irregularity in taking cognizance that will not vitiate the entire proceeding. Therefore, there is no illegality in the order impugned. 5. There is no denial about the allegations made in the complaint as well as the petitioner admitted to be involved in the crime alongwith the main accused Dr. K.M. Prasad. The petitioner admitted that he knew Dr. K.M. Prasad and he opened Bank Account with Punjab National Bank in New Delhi in December 1991 in the name of five children of Dr. K.M. Prasad and he had also withdrawn money from the Bank through the cheques signed by them. It is true that the complaint was filed before the Chief Judicial Magistrate, Ranchi who was duly authorized to try the case falling under the Foreign Exchange ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and holding office as such immediately before such date shall vacate their respective offices and no such Chairman or other person shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service. (3) Notwithstanding anything contained in any other law for the time being in force, no Court shall take cognizance of an offence under the repealed Act and no adjudicating officer shall take notice of any contravention under Section 51 of the repealed Act after the expiry of a period of two years from the date of commencement of this Act. (4) Subject to the provisions of Sub-section (3) all offences committed under the repealed Act shall continue to be governed by the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Sub-sections (2), (4) and (5) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal. 7. Clause 3 of Section 49 of FEMA clearly indicates that after coming of FEMA in force, no Court shall take cognizance of an offence under the repealed Act. But the Special Judge, who was duly authorised by Notification to try the cases under FEMA, has taken cognizance for the offences under FEMA also. Thus submissions made by the learned counsel for the petitioner on any score are not sustainable. The Special Judge has duly been empowered by the State Government with the concurrence of Jharkhand High Court by the said Notification dated 17th May, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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