Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Exchange Management Act 1999 s. 49(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Foreign Exchange Management Act, 1999 (42 of 1999) Foreign Exchange Regulation Act, 1973 (46 of 1973) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Exchange Management Act, 1999s. 49(3) - Period of limitation for initiating proceedings for offences committed under FERA - Criminal complaint for violation of provisions of FERA filed on a date within two years of coming into force of FEMA - Taking of cognizance by Magistrate and issuance of summons to accused on the date of filing of the complaint itself - Writ petition under Article 227 before High Court by accused seeking quashing of proceedings on the ground that process was issued on a date beyond 2 years of commencement of FEMA - High Court quashing proceedings as time-barred - HELD: High Court erred in equating 'issuance of process' with 'taking cognizance' by the Magistrate and in quashing the proceedings treating them as time-barred - On facts, cognizance of offence was taken by Magistrate and summonses were issued well within period of 2 years of coming into force of FEMA, as prescribed under sub-s. (3) of s. 49 thereof - Foreign Exchange Regulation Act, 1973 - ss. 18(2), 18(3), 68(1) and 56(1)(ii) - Code of Criminal procedure 1973 - ss. 190 to 202 and 204.Code of Criminal Procedure, 1973:S. 190, 200 and 204 - 'Cognizance of offences by Magistrate' - 'Initiation of proceedings' - 'Commencement of proceedings' and 'Issuance of process' for appearance of accused - Connotation of - HELD: 'Issuance of process' cannot be equated with 'taking cognizance' by a criminal court - The expression 'cognizance' when used with reference to a court or judge, it indicates the point when a court or a Magistrate takes judicial notice of an offence with a view to initiating proceedings in respect of such offence - 'Initiation of proceedings' dealt with in Chapter XIV of the Code is different from 'commencement of proceedings' covered by Chapter XVI - Order of 'issuance of process' is in pursuance of and consequent upon 'taking cognizance' of offence - Foreign Exchange Management Act, 1999 - s. 49(3).Words and Phrases:Expressions 'taking cognizance' of offence by court/ Magistrate, "Initiation of proceedings', 'commencement of proceedings' and 'issuance of process' - Connotation of - In terms of ss. 190, 200 and 204 of Code of Criminal Procedure, 1973. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 105 |
Petitioner | S.k. Sinha, Chief Enforcement Officer |
Respondent | Mis. Videocon International Ltd. & Ors. |
SCR | [2008] 2 S.C.R. 36 |
Judgement Date | 2008-01-25 |
Case Number | 175 |
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