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Standard Chartered Bank v. Enforcement Officer Ministry of Home Affairs

Criminal Appeal · 2026 INSC 727Decided 21 Jul 2026
Crl.A. No.-002142-002143 - 2013
Justice J.B. Pardiwala · Justice Manoj Misra · Justice K. Vinod Chandran

Background

Standard Chartered Bank was prosecuted under the Foreign Exchange Regulation Act, 1973 (FERA) over remittances allegedly routed improperly through its Mumbai branch's Vostro account in 1991-92, with the complaint filed only in 2002. The Bombay High Court refused to quash the complaint and summoning order, holding that an alternative remedy of revision under Section 397 CrPC barred a petition under Section 482 CrPC. The bank appealed, arguing that no mandatory "opportunity notice" under Section 61(2) of FERA had ever been served on it, and that the prosecution had dragged on for over two decades in violation of its right to a speedy trial.

Decision Breakdown

The Supreme Court held the High Court was wrong to treat the availability of a Section 397 revision as a bar to a Section 482 quashing petition: settled precedent establishes the two remedies are not mutually exclusive. It further found that the prosecution never produced any proof that the mandatory pre-complaint "opportunity notice" under Section 61(2) of FERA was served on the bank, making the Magistrate's cognizance of the complaint unsustainable. Finally, examining the 23-year history of the case, the Court found the delay overwhelmingly attributable to the complainant's own inaction (failing to collect summons for years, ignoring court-ordered deadlines), which violated the bank's Article 21 right to a speedy trial. The complaint and summoning order were quashed and the appeal allowed.

Lesson Learnt

A criminal complaint cannot proceed if a mandatory statutory pre-condition (like a show-cause/opportunity notice) is not proven to have been served, and prosecuting agencies cannot let cases languish for decades through their own inaction. Courts will step in to end proceedings that keep an accused in prolonged "suspended animation."

Official source (sci.gov.in)View Judgment (PDF)

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