Petitioner sought quashing of examination questions and cause-title alterations in three pending FERA complaints where she was arraigned as Chairperson/Director of the accused company. The High Court found no infirmity or prejudice, held such errors curable, dismissed the petitions and directed expeditious trial disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.O.P.Nos.11152, 11155 & 11157 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRL.O.P.Nos.11152, 11155 & 11157 of 2019 and
CRL.M.P.Nos.5669, 5673 & 5676 of 2019
N.Sasikala
... Petitioner in 3 Crl.OPs
Vs.
... Respondent in Crl.OP.No.11152/2019
2.The Chief Enforcement Officer, Enforcement Directorate, Government of India, Shasthri Bhavan, Chennai 600 006.
... Respondent in Crl.OP.No.11155/2019
3.The Assistant Director, Enforcement Directorate,
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
Government of India, Shasthri Bhavan, IIIrd Floor, IIIrd Block, 26, Haddows Road, Chennai 600 006.
... Respondent in Crl.OP.No.11157/2019
Prayer in Crl.OP.No.11152/2019: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the questions dated on 20.12.2018 put to A3 under Section 246(2) Cr.P.C in CC No.163 of 1996 on the file of Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai requiring her to answer for A1 the company, when A2 as Managing Director of the Company had already been questioned, as representing first accused company by altering the cause title by including Accused 3 has represented the company in the cause title, which is even contrary to the cause title as was filed by the complainant and the said proceeding had became final.
Prayer in Crl.OP.No.11155/2019: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the questions dated on 28.01.2019 put to A3 under Section 246(2) Cr.P.C in E.O.CC No.17 of 1997 on the file of Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai requiring her to answer for A1 the company, when A2 as Managing Director of the Company had already been questioned, as representing first accused company by altering the cause title by including Accused 3 has represented the company in the cause title, which is even contrary to the cause title as was filed by the complainant and the said proceeding had became final.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
Prayer in Crl.OP.No.11157/2019: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the questions dated on 20.12.2018 put to A3 under Section 246(2) Cr.P.C in E.O.CC No.44 of 1998 on the file of Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai requiring her to answer for A1 the company, when A2 as Managing Director of the Company had already been questioned, as representing first accused company by altering the cause title by including Accused 3 has represented the company in the cause title, which is even contrary to the cause title as was filed by the complainant and the said proceeding had became final.
For Petitioner : Mr.B.Kumar Senior Counsel For Mr.A.Asokan (in 3 Crl.OPs) For Respondents : Mr.Rajnish Pathiyil Special Public Prosecutor [For Enforcement Directorate] (in 3 Crl.OPs)
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J. ]
The present petitions on hand have been instituted under Section 482 of Criminal Procedure Code (Cr.P.C.) to set aside the questions dated 20.12.2008 and 28.01.2019 put to A3 under Section 242 Cr.P.C. in C.C.No.163 of 1996, E.O.C.C.No.17 of 1997 and E.O.C.C.No.44 of 1998 respectively pending before the Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai. These questions require A3 to answer on behalf of A1, the Company, despite A2, the Managing Director of the Company having already been questioned. Further, the cause title has been altered to include A3, representing first accused company, which is contrary to the original cause title as filed by the complainant. Moreover, the said proceeding had already attained finality.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
holds the positions of Chairperson and Director of M/s.J.Jay TV Private Limited.
petitioner would solicit our attention with reference to the proceedings of the
Economic Offences Court, Egmore, wherein the description of accused are
stated as follows:
vjphpfspd; bgah;fs; 1. M/s.J.Jay T.V.Pvt.Ltd., epWtdk;
rhh;gpy; mjd; eph;thf ,af;Feh; V.gh!;fud; kw;Wk; mjd; jiyth;
,af;Feh; & N.rrpfyh
set out in the said proceedings is not in consonance with the complaint filed
by the Chief Enforcement Officer, Enforcement Directorate. Therefore, he would submit that the said cause title is to be set aside and necessary corrections are to be made.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
“Chief Enforcement Officer,
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
Enforcement Directorate, Government of India, Shastri Bhavan, Chennai – 600 006. ... Complainant Vs. 1.M/s.J.Jay T.V. Pvt. Ltd., No.68/69, Habibullah Road, T.Nagar, Chennai – 600 017. represented by its Managing Director, Shri V.Bhaskaran, Aged 31 years. ... Accused -1 2.Shri V.Bhaskaran, Aged 31 years, Managing Director, M/s.J.Jay T.V. Pvt. Ltd., No.68/69, Habibullah Road, T.Nagar, Chennai – 600 017. Res: No.9, Kasturi Estate, 1st Street, Alwarpet, Chennai – 600 018 ... Accused -2 (Presently at Central Prison, Palayamkottai) 3.Smt.N.Sasikala, Aged 43 years, Chairperson and Director, M/s.J.Jay T.V. Pvt. Ltd., No.68/69, Habibullah Road, T.Nagar, Chennai – 600 017. Res: No.18 III Cross Street East Abiramapuram, Chennai – 600 018 ... Accused -3 (Presently at Central Prison, Chennai)”
Prosecutor further relied on paragraph 19 of the complaint, which reads as under:
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
“ 19. On the basis of the facts mentioned herein above the complainant submits that the accused company represented by Managing Director (Accused 2) and Chairperson & Director (Accused 3) persons resident in India other than an authorised dealer in foreign exchange have contravened the provisions of
(i) Sec. 8(1) of the Foreign Exchange Regulation Act, 1973 by otherwise acquiring and transferring during 1996 Sing. $ 10,45,000/- to M/s. Appooffez Point Pvt. Ltd., Singapore through the medium of Shri K.Ramachandran, Singapore, a person resident outside India, who is not an authorised dealer in foreign exchange in India without the previous general or special permission of the Reserve Bank of India.
(ii) Sec. 9(1) (a) of the Foreign Exchange Regulation Act, 1973 for making payments of Sing. $ 10,45,000/- to Shri K.Ramachandran, a person resident outside India, U.S. $ 4,00,000/- to M/s. INTERSPUINIK, U.S.A., Sing. $ 49,000/- to M/s. Singapore Telecom Service, Singapore and other payments to various persons in A11 equivalent to Sing. $ 10,45,000/- to persons resident outside India without the general or special exemption from the Reserve Bank of India.”
proceedings of the Economic Offences Court, which are impugned in the
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
present petitions. We do not find any infirmity warranting interference of this Court by invoking Section 482 of the Criminal Procedure Code.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
to Section 346 of Bharatiya Nagarik Suraksha Sanhita, 2023) enumerates “Power to postpone or adjourn proceedings”. Sub Section (1) to Section 309 Cr.P.C. stipulates “In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded”. Therefore, adjournments at no circumstances be allowed in a routine manner by the Trial Court once the trial commenced.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
entertainable, then alone further consideration is required, otherwise such petitions are liable to be rejected in limine.
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
expeditiously as possible. The parties are directed to cooperate for the disposal of the cases by avoiding unnecessary adjournments and refraining from filing frivolous petitions.
dismissed. Consequently, connected Miscellaneous Petitions are closed.
[S.M.S., J.] [M.J.R., J.] 12.12.2024
Jeni
Index : Yes Speaking order / Non-speaking order Neutral Citation : Yes
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
To
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CRL.O.P.Nos.11152, 11155 & 11157 of 2019
S.M.SUBRAMANIAM, J. and M.JOTHIRAMAN, J.
Jeni
CRL.O.P.Nos.11152, 11155 & 11157 of 2019
12.12.2024
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2 issues framed by the court
Whether questions put to A3 under Section 246(2) requiring her to answer for the company, and the altered cause title, warrant interference under Section 482 Cr.P.C.
Whether errors in the cause title caused prejudice to the accused in the pending FERA complaints.
6 provisions across 2 enactments
N.Sasikala
The Assistant Director, Enforcement Directorate, Chennai
The Chief Enforcement Officer, Enforcement Directorate, Chennai
The Assistant Director, Enforcement Directorate (IIIrd Floor), Chennai
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
