https://www.taxtmi.com/caselaws?id=184201 Non-compliance with a summons under section 40(4) of the Foreign Exchange Regulation Act, 1973 is punishable under section 56 of that Act, not under section 174 of the Indian Penal Code, 1860. If the complaint and cognizance order invoke only section 174, the proceeding cannot be sustained on a different statutory basis. Once the Foreign Exchange Management Act, 1999 came into force, section 49(3) barred cognizance of offences under the repealed enactment after the sunset period, and failure to amend the complaint within that period could not be treated as a curable irregularity. The conversion from summons case to warrant case therefore had no legal foundation. en-us Mon, 06 Apr 2009 00:00:00 +0530 Fri, 01 Jul 2016 18:54:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184201 Non-compliance with a summons under section 40(4) of the Foreign Exchange Regulation Act, 1973 is punishable under section 56 of that Act, not under section 174 of the Indian Penal Code, 1860. If the complaint and cognizance order invoke only section 174, the proceeding cannot be sustained on a different statutory basis. Once the Foreign Exchange Management Act, 1999 came into force, section 49(3) barred cognizance of offences under the repealed enactment after the sunset period, and failure to amend the complaint within that period could not be treated as a curable irregularity. The conversion from summons case to warrant case therefore had no legal foundation. Case-Laws FEMA Mon, 06 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184201