S.K. KAMDAR AND ANR. versus STATE OF MAHARASHTRA

S.K. KAMDAR AND ANR. versus STATE OF MAHARASHTRA

A complaint including an offence under section 120-B IPC could not have been decided by Revenue Authorities either under the Foreign Exchange Regulation Act, 1947 or the 1973 Act, and thus such a complaint was required to be made to a criminal court. Hence, the complaint is maintainable even if certain violations pertained to the old Act but the complaint was filed after the new Act came into operation.

Parties
Appellant: S.K. Kamdar and another; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
06 September 1995
Procedural Posture
Criminal Appeal / Appeal From Bombay High Court's Decision in Criminal Revision Application No. 542 of 1978
Outcome
Appeals dismissed
Legal Topics
Maintainability of Complaint, Adjudication by Revenue Authorities, Transition Between FERA 1947 and 1973, Section 120 B IPC
Criminal Law Foreign Exchange Maintainability of Complaint Adjudication by Revenue Authorities Transition Between FERA 1947 and 1973 Section 120 B IPC

Case Brief

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Parties

S.K. Kamdar and another

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal From Bombay High Court's Decision in Criminal Revision Application No. 542 of 1978

Legal Issues

  1. 1 Whether a complaint under the new Foreign Exchange Regulation Act, 1973, for offences allegedly committed under the old Act, 1947, is maintainable
  2. 2 Whether complaint for offence under section 120-B IPC could be adjudicated by Revenue Authorities under either Act

Ratio Decidendi

A complaint including an offence under section 120-B IPC could not have been decided by Revenue Authorities either under the Foreign Exchange Regulation Act, 1947 or the 1973 Act, and thus such a complaint was required to be made to a criminal court. Hence, the complaint is maintainable even if certain violations pertained to the old Act but the complaint was filed after the new Act came into operation.

Court Disposition

Appeals dismissed

Orders

  • The complaint is maintainable.
  • No interference is called for with the High Court's decision.