Mandatory pre-cognizance notice under FERA was not complied with, making cognizance and summoning without jurisdiction.

Cognizance for an offence under the Foreign Exchange Regulation Act could not be validly taken unless the pre-complaint opportunity under Section 61(2) was first given to the accused and the Magistrate recorded satisfaction that the statutory condition had been met. The complaint here was filed before expiry of the time granted in the notice, and the record did not show proper service or satisfactory proof that the notice had been duly served and considered. As the mandatory pre-cognizance requirement was not complied with, the summoning order and cognizance were held without jurisdiction and liable to be quashed.

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Issues: Whether the summoning order and cognizance taken for an offence under the Foreign Exchange Regulation Act were valid when the complaint was filed without proper compliance with the proviso to Section 61(2), including due opportunity to the accused and proof of service of notice.

Analysis: The statutory scheme of Section 61(2) of the Foreign Exchange Regulation Act requires that, before a complaint for an offence under Section 56 is filed, the accused must be given an opportunity to show that the necessary permission existed, and the Magistrate must be satisfied that this condition has been met before taking cognizance. The record did not show proper compliance with the prescribed mode of service, nor did the complaint disclose satisfactory proof that the notice had been duly served and considered before prosecution was launched. The complaint was filed before the expiry of the time granted in the opportunity notice, and the Magistrate took cognizance without recording satisfaction on the statutory precondition.

Conclusion: The summoning order and cognizance were invalid and liable to be quashed, as the mandatory pre-cognizance requirement under Section 61(2) of the Foreign Exchange Regulation Act was not complied with.

Ratio Decidendi: Where a statute bars cognizance of an offence unless a prior opportunity is given to the accused and the Magistrate is satisfied of such compliance, any complaint filed or cognizance taken without proving and recording that mandatory compliance is without jurisdiction.

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