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2015 Supreme(SC) 10

V.GOPALA GOWDA, C.NAGAPPAN
K. K. Kuda – Appellant
Versus
Chief Enforcement Officer, Enforcement Directorate – Respondent


JUDGMENT

C. NAGAPPAN, J.

1. Leave granted.

2. This appeal is preferred against the Judgment and Final Order dated 02.09.2013 passed by the High Court of Delhi in Criminal Miscellaneous Case No.5096/2006, whereby the High Court dismissed the petition seeking to quash the complaint filed under Section 56 of Foreign Exchange Regulation Act, 1973.

3. The first respondent herein issued Show Cause Notice dated 21.01.1994 under Section 51 of FERA, 1973 against ANZ Grindlays Bank, the Account Holder and three bank officials for having credited Non-convertible Rupee Funds of Rs.1,15,00,000/-(Rupees One Crore and Fifteen Lakhs only) during the period August to December, 1991 received from Moscow, into the Non-Resident (External) Account of Dr. P.K. Ramakrishnan in contravention of Section 6(4), 6(5) read with Section 49 of FERA, alleging that it had taken place with the consent, connivance of and attributable to the negligence on the part of the said Officials. However, by letter dated 10.7.2001 addressed to the appellant, the respondent ordered that charges relating to ‘consent’ and ‘connivance’ shall stand deleted from the Show Cause Notice dated 21.01.1994.

4. In the meanwhile, Opportunit






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