S. RAVINDRA BHAT, J.

( 1 ) THIS revision proceeding impugns an order of the learned Additional Chief metropolitan Magistrate, charging the petitioner of committing offences punishable under Section 56, Foreign Exchange Regulation Act, 1973 (hereafter called "fera" ).

( 2 ) THE criminal proceedings were initiated against the petitioner pursuant to a complaint filed on 8. 3. 2000. The Chief Enforcement Officer, FERA considered attendance of the petitioner, to be necessary, in connection with investigation and had issued summons on several dates, viz 15. 9. 1999, 7. 10. 1999, 8. 11. 1999 and 21. 12. 1999, under Section 40 for his appearance together with documents such as his passport and correspondence etc. relating to an agreement. According to the complaint, an agreement, dated 1. 12. 1995 had been entered into by the petitioner with Flavio Briatore of M/s Benetton Formula Ltd. , London. The complainant had required the petitioner's presence on 27. 9. 1998, 8. 11. 1999 and 26. 11. 1999. The complaint alleged that the petitioner accused failed to comply with the summons on different pretext despite their service. It was also alleged that Summons dated 21. 12. 1999 was issued in co