https://www.taxtmi.com/caselaws?id=795664 Mandatory compliance with the opportunity requirement under the proviso to Section 61(2) of the Foreign Exchange Regulation Act is a precondition to prosecution: the complaint must establish issuance and proper service of notice, and the Magistrate must be satisfied before taking cognizance. Failure to do so renders cognizance and summoning unsustainable. The Supreme Court also explains that the availability of criminal revision does not exclude inherent jurisdiction to prevent abuse of process. Further, unexplained prosecutorial delay throughout criminal proceedings may violate the Article 21 right to a speedy trial and require termination, assessed by responsibility for delay rather than duration alone. en-us Tue, 21 Jul 2026 00:00:00 +0530 Sat, 25 Jul 2026 08:54:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795664 Mandatory compliance with the opportunity requirement under the proviso to Section 61(2) of the Foreign Exchange Regulation Act is a precondition to prosecution: the complaint must establish issuance and proper service of notice, and the Magistrate must be satisfied before taking cognizance. Failure to do so renders cognizance and summoning unsustainable. The Supreme Court also explains that the availability of criminal revision does not exclude inherent jurisdiction to prevent abuse of process. Further, unexplained prosecutorial delay throughout criminal proceedings may violate the Article 21 right to a speedy trial and require termination, assessed by responsibility for delay rather than duration alone. Case-Laws FEMA Tue, 21 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795664