Judgment

ORDER: - Special leave granted.

2. This appeal is by special leave. The appellant who is Deputy Chief Controller of Imports and Exports filed a complaint in the Court of Chief Metropolitan Magistrate, Bombay alleging commission of offence under S. 5 of the Imports and Exports (Control) Act, 1947 by the respondents 1 and 2. The said case was got transferred to the Court of the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Estate, Bombay and was numbered as 82/S of 1983. The respondent No. 1 is a private limited company with its registered office at Bombay and the respondent No. 2 is its Managing Director. To this complaint, proviso (a) of S. 200 of the Code of Criminal Procedure was applicable. Therefore, cognizance was taken of the offence alleged without examining the appellant. On 17-1-1983, an application was filed on behalf of the two accused persons for recall of the summonses and dismissal of the complaint. On 12th of May, 1983, the learned Magistrate dismissed the petition. The order of the learned Magistrate was assailed before the High Court and on 2-9-1983, the High Court dismissed it. Then the matter was brought to this Court by filing an applicat