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TMI Blog2001 (8) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... application under order 6, rule 17 read with section 151 of the Code of Civil Procedure read with section 52 of the FERA, Mrs. Manjit Kumari, wife of late Shri Purshotam Lal, seeking leave for filing amended memorandum of appeal. Mrs. Manjit Kumari, being the widow and successor in interest of the late Shri Purshotam Lal in her own right as well as the natural guardian and mother of two minor children of late Shri Purshotam Lal also filed an application under section 5 of the Limitation Act, 1963 read with section 151 of the Code of Civil Procedure for condonation of delay in filing the application for amendments to the memorandum of appeal. 3. On a perusal of the application and amended memorandum of appeal and related documents, it is see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000 was claimed by the father of the appellant as his own. As such, this amount could not have been adjusted against the penalty imposed on the appellant especially when the father of the appellant was not made a party in this case and no show-cause notice was given to him. Shri Bagga referred to para 6 of the appellant s reply to the show-cause notice in this regard wherein it is stated that despite the fact that the father has throughout been claiming ownership of the seized currency and he was still not made a party to the case by way of show-cause notice. 5. As regards two cheques alleged to have been sold to the appellant by Smt. Kanwaljit Kaur and Smt. Mohinder Kaur, Shri Bagga referred to section 78 read with section 8 of the Negotia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that section 72 of the Act is applicable to this case and it is for the appellant to prove to the contrary. Shri Gadoo, however, failed to explain as to how could there be sale of the cheques drawn in foreign currency in the name of Smt. Kanwaljit Kaur and Smt. Mohinder Kaur when the appellant could not have obtained any foreign currency on the basis of these cheques. Nor he could explain as to what was actually done by the appellant with these cheques. 7. I have given careful consideration to the respective submissions made by the parties as well as the material available on record. In the show-cause notice, inter alia, reliance is placed on the statement of the appellant made in terms of section 63 of the FERA and documents at pages 4, 6, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indulging in transactions in foreign currencies. Even the counsel of the appellant could not adduce any plausible explanation as to what these calculations are and that how and by whom these were made and how they could be found in the appellant s possession. There is no substance in the statements made by the counsel of the appellant that there were seven rooms in the house which were occupied by the different family members of the appellant and the panchnama did not specify in which room these documents were seized. Admittedly, the appellant was residing in his house with his family members and the documents were seized from his house. Even if the seized documents are not in the handwriting of the appellant, it is for the appellant to ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of US $5,000 and US $1,000 respectively relating to Smt. Mohinder Kaur and Smt. Kanwaljit Kaur. These are cheques received by them from the relatives abroad. I found force in the submissions made by Shri Bagga, the learned counsel of the appellant, that these cheques could not have been sold to the appellant as alleged by the respondents. The appellant might have merely collected and encashed the same and handed over the amount to these two ladies, namely, Smt. Mohinder Kaur and Kanwaljit Kaur. Ex facie, there cannot be any violation of the FERA in this regard. Any person who presents such cheques to a bank would only receive Indian rupee equivalent to the foreign currency indicated in such cheques. As such, the appellant could not have got ..... X X X X Extracts X X X X X X X X Extracts X X X X
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