K.K KUDA Vs. CHIEF ENFORCEMENT OFFICER, ENFORCEMENTDIRECTORATE & ANR. - Synopsis
Team SoOLEGAL 10 May 2017

This case made by respondent against ANZ Grindlays Bank, the Account Holder and three bank officials for having credited Non-convertible Rupee Funds of Rs.1,15,00,000/- (Rupees One Crore and Fifteen Lakhs only) during the period August to December, 1991 received from Moscow, into the Non-Resident (External) Account of Dr. P.K. Ramakrishnan that it had taken place with the consent, connivance of and attributable to the negligence on the part of the said officials.However, by letter dated 10.7.2001 addressed to the appellant, the respondent ordered that charges relating to ‘consent’ and ‘connivance’ shall stand deleted from the Show Cause Notice dated 21.01.1994. As per Mr. C.A.Sundaram, learned Senior Counsel appearing for the appellant, strenuously contended that the allegations of consent and connivance had been dropped by the respondent vide letter dated 10.7.2001. Despite so, complaint was lodged on the allegations of consent, connivance and negligence on the part of the officials of the Bank suppressing the facts. There was suppression and also material omission in non mentioning of reply sent by the appellant to the was suppression and also material omission in non mentioning of reply sent by the appellant to the substantiate the averments in the complaint, not even a single original document was enclosed. Though the allegation of negligence can be independently looked into, considering the standard of proof in criminal prosecution, in the present case, the continuance of prosecution against the appellant is not tenable in law and the proceedings are liable to be quashed.  So the appeal is allowed and the impugned order is set aside and the proceedings in Criminal Complaint.

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com