2013 (3) TMI 483

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....pani, Special Public Prosecutor for Enforcement Cases   ***** ORDER This revision challenges the order of the Additional Chief Metropolitan Magistrate, Egmore, Chennai, passed in M.P. No. 13 of 1998 in C.C.No.254 of 1997 on 24.8.2010. In C.C.No. 254 of 1997, the petitioner faces prosecution for offences under section 8(1) of the Foreign Exchange Regulation Act,1973 (FERA) punishable ....

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....that the real owner of the foreign currencies had made a claim before the income tax department for return thereof and moved further by way of writ proceedings. The complaint had been filed suppressing the pendency of such proceedings. The statements of the petitioner and the owner and her claim for return of the moneys would show that the petitioner had received the said foreign currencies from S....

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.... be deposited into an NRE account by a NRE account holder out of his own legally earned monies and borrowing from a person other than an authorised dealer was not permissible. The Court below dismissed the petition for discharge informing that a petition under section 245 Cr.P.C. would not lie after the evidence under section 244 Cr.P.C. stood recorded, that a prima facie case stood made out ag....

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....e NRE account of his brother-in-law. It is his contention that he had received the said currencies from Seethalakshmi Nagaraj for such purpose and at her instance. According to the prosecution the petitioner in his statement under Section 40 of the Foreign Exchange Regulation Action 1973 (FERA) had admitted that he visited Seethalakshmi Nagaraj and requested for foreign exchange as he wanted to....