JUDGMENT

SARKARIA J.:—This appeal by special leave is directed against an order dated July 1, 1975, of the High Court of Kerala, dismissing the Criminal Revision Petition filed by the appellant. It raises questions with regard to the scope and interpretation, inter alia of Section 399 (3) and 484 (2) (a) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code). The facts are these:

On February 2, 1971 the Director of Enforcement, New Delhi made a complaint against four accused persons, alleging the commission of offences under Section 120-B, Penal Code and Section 5 (1) (aa) and 5(1) (c) of the Foreign Exchange Regulation Act, 1947 (for short, called the Act) in the Court of the District Magistrate, Ernakulam.

2. The appellant herein was accused No. 2 in that complaint. By an application he raised two objections to the maintainability of the complaint and prayed for its dismissal: First, the opportunity as required under the proviso to Sec. 23 (3) of the Act was not given to the accused for showing that he had permission from the Reserve Bank of India for doing the alleged acts. Second, that the complainant did not comply with the conditions in the proviso to