Delhi District Court
Sh. A.K. Roy vs V.K. Jain on 11 January, 2013
IN THE COURT OF SH. GAUTAM MANAN,
ADDL. CHIEF METROPOLITAN MAGISTRATE -01,
PATIALA HOUSE COURTS, NEW DELHI
Sh. A.K. Roy,
Enforcement Officer,
Enforcement Directorate,
Ministry of Finance,
Lok Nayak Bhawan, 06th Floor,
New Delhi ..................... Complainant
Versus
V.K. Jain
s/o Sh. Ram Bahadur Jain,
r/o H. No. 2294, Gali Paha Wali,
Chandni Chowk,
Delhi ...................... Accused
C.C. NO. 40/1/92
U/S 56 of The Foreign Exchange Regulation Act,1973
Unique Case ID No. 02403R0001411992
JUDGMENT U/S 355 Cr. P.C.
a) S. No. of the case 02403R0001411992
b) Date of commission of offence 28.10.1987
c) Name of the complainant Sh. A.K. Roy,
Enforcement Officer
d) Name, parentage & address of V.K. Jain
accused s/o Sh. Ram Bahadur Jain,
r/o H. No. 2294, Gali Paha Wali,
Chandni Chowk,
Delhi
e) Offence Complained of or proved U/S 56 of The Foreign
Exchange Regulation Act,1973
f) The plea of the accused and his S.A. dispensed with.
examination
g) The Final order Accused V.K. Jain is acquitted.
h) The date of such order 11.01.2013
Enforcement V. V.K. Jain Page 1 of 3
Date of institution of case : 28.02.1992
Date of reserving judgment/order : 11.01.2013
Date of Pronouncement : 11.01.2013
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :-
1.The complainant Enforcement Directorate has filed the present complaint alleging the commission of offence u/s 56 FERA, 1973 on allegations that on 28.10.1987 at residential premises of accused, the documents and foreign currencies of different countries of the panchnama dt. 28.10.1987 were recovered and seized and during investigation it further revealed that accused had acquired / purchased foreign exchange equivalent to Rs.90 lakhs from the persons not being authorized dealer in foreign exchange @ other than prescribed by the Reserve Bank of India and transferred foreign exchange 90 lakhs, to the credit of persons resident outside India without previous general or special permission of RBI and it is further revealed that he had sold foreign currency equivalent to Rs.50 lakhs other than the rate prescribed by the RBI to one Sh. Praveen Kumar @ Kallu a person not being authorized dealer in foreign exchange without the previous General or Special permission of RBI.
Enforcement V. V.K. Jain Page 2 of 3
2. The complaint was filed by Sh. A.K. Roy, Enforcement Officer, New Delhi. After the precharge complainant evidence, the Court framed the charge against the accused under Section 56 FERA, 1973 to which he pleaded not guilty and claimed trial.
3. The complainant has not examined any witness in post charge evidence and there is no material on record against the accused so to record statement of accused under the provision of Section 313 Cr.P.C. as such statement of accused dispensed with. Since there is no evidence against the accused V.K. Jain so link him with the commission of crime u/s 56 FERA, 1973 such accused V.K. Jain stands acquitted. Bail bond of accused and his surety is discharged File be consigned to Record Room.
Announced in the open Court on 11th January, 2013.
Gautam Manan ACMM01/New Delhi Enforcement V. V.K. Jain Page 3 of 3