2009 (7) TMI 164

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....w Delhi, issued summons to the petitioner herein. 2. Subsequent to the original adjudication by the Enforcement Directorate, the petitioner filed a first appeal which was dismissed. However, in the second appeal filed by him before CESTAT, the petitioner was completely exonerated vide order dated 22-2-2005 [2005 (192) E.L.T. 603 (T)] of the offences alleged to have been committed in the original departmental adjudication. 3. In this manner, the basis on which the complaint has been filed by the second respondent stood nullified and therefore, in such kind of matters continuing criminal complaint is not justified. The said complaint is pending in the Court of ld. ACMM, Patiala House, New Delhi, instituted by the second respondent and t....

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.... inasmuch as in case the second respondent succeeds before the Apex Court, it would become difficult to revive the complaint and to trace the petitioners and it may also lead to other complications. 6. Insofar as the law with regard to quashing of a complaint in such kind of situation, this Court has consistently held that once departmental adjudication exonerates the accused of the offences which are the basis of lodging a complaint against the accused/petitioners before a criminal Court under Section 135 of Customs Act such complaints though could have been filed in view of the judgment delivered in the case of Standard Chartered Bank v. Andhra Bank Financial Services Ltd., (2006) 6 SCC 94; the complaint cannot be permitted to be tried....

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....for criminal case before the criminal court by producing necessary evidence. In case of converse situation namely where the accused persons are exonerated by the competent authorities/Tribunal in adjudication proceedings, one will have to see the reasons for such exoneration to determine whether these criminal proceedings could still continue. If the exoneration in department adjudication is on technical ground or by giving benefit of doubt and not on merits or the adjudication proceedings were on different facts, it would have no bearing on criminal proceedings. If, on the other hand, the exoneration in the adjudication proceedings is on merits and it is found that allegations are not substantiated at all and the concerned person(s) is/....