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2024 Supreme(Del) 455

NAVIN CHAWLA
Abhishek Verma – Appellant
Versus
Enforcement Directorate – Respondent


Advocates appeared:
Mr.Maninder Singh, Senior Advocate with Mr.Dinhar Takiar, Ms.Aerita Vats, Ms.Simran Chawdhary and Mr.Yash Singh, Advocates, for the Petitioner.
Mr.Rajat Nair, SPP with Mr.Imon Bhattacharya, Advocate, for the Respondent.

JUDGMENT

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, `CrPC') praying for the following relief:

    "(a) Quash the order on charge and charge dated 16.06.2007 and 03.08.2007 respectively passed by the LD. ACMM in the matter of Enforcement v. M/s ESAM India Limited in CC.NO 91/1/2002 to the extent that the petitioner is not representing M/s ESAM India Ltd."

2. The petitioner is aggrieved of the order dated 16.06.2007 passed by the learned Additional Chief Metropolitan Magistrate, New Delhi (hereinafter referred to as `ACMM') passed in CC No. 91/1/2002 titled Enforcement v. M/s Esam India Ltd. etc., insofar as it holds as under:

    "I hereby hold that prima facie the accused no. 1 Esam India Limited through the accused no. 2 Abhishek Verma who was the Chairman of the Accused no.1 Company had contravened the provisions of Section for the alleged violations u/s. 8 (3), 8(4) and Section 68 of FERA for which a charge u/s. 56 of FERA is required to be framed."

3. The petitioner is also aggrieved of the Impugned Order dated 03.08.2007, whereby the following charge has been framed:

    "I, Sh. Ajay Kumar Kuhar, ACMM, New Delhi do hereby charge you accu

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