TaxTMI 
TaxTMI 
2002 (7) TMI 703
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....unishable under Section 5 of the Impex Act read with Section 120B of the Indian Penal Code and also Section 5 of the same Act against accused Nos. 1 to 3. Petitioner had preferred a revision petition against the order passed by the learned Metropolitan Magistrate which was dismissed. Hence the present petition. 2. The respondent Deputy Chief Controller of Imports and Exports had preferred a complaint against the petitioner and others. It had been alleged that M/s. Choice Apparel Pvt. Ltd., Hauz Khas is a company registered under the Companies Act and is a merchant exporters. Shri C. Verghese and Ms. Mariya Kutty are the Managing Director and Director while present petitioner is a partner of M/s. Fashion Age, Hauz Khas, New Del....
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.... was opened with Punjab and Sindh Bank, Nehru Place. Petitioner arranged Rs. 60,000/- from Mrs. Manorama Mittal and Rs. 40,000/- from J.L. Garg and Rs. 1 lakh was deposited in the account of M/s. Choice Apparel which was further passed on to M/s. V.K. Mahindra & Ors. He arranged and deposited in the account of M/s. Choice Apparel Pvt. Ltd., a bank guarantee for the advance licence in question. The export order in question on basis of which advance licence was issued was also arranged and signed by Vijay Kumar as buyer of M/s. Amba International, Sydney, Australia. 4. M/s. V.K. Mahindra & Bros. placed an indent for M/s. Jayanand International, New Navjivan Commercial Building, Bombay for import of raw silk. The raw silk a....
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....82 Code of Criminal Procedure could be utilised where a second revision petition is barred. 8. There is no controversy raised at the bar that under sub-section (3) to Section 397 of the Code of Criminal Procedure if a person has preferred a revision and fails then the second revision petition challenging the said order is not maintainable. This provision had been enacted with the sole object to ensure speedy trial and early end to the litigation by curtailing further revision petition. 9. Learned Counsel for the petitioner has drawn the attention of this Court towards the judgment of the Supreme Court in the case of Krishan & Anr. v. Krishnaveni & Anr. decided on 24th January, 1997 to contend that even in such cases the inhe....
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....th Section 401 of the Code. As stated earlier, it may be exercised sparingly so as to avoid needless multiplicity of procedure, unnecessary delay in trial and protraction of proceedings. The object of criminal trial is to render public justice, to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out. The recent trend is to delay the trial and threaten the witness or to win over the witness by promise or inducement. These malpractices need to be curbed and public justice can be ensured only when expeditious trial is conducted." 11. In other words a word of caution that was given that ordinarily when second revision petition is barred, the High Court will refra....