New Delhi, (Agencies): The ruling was passed by a majority decision of a three-judge bench with one of the dissenting judges taking a contrary view that criminal proceedings can go on irrespective of the clean chit by the adjudicating officer.

The bench passed the ruling upholding the appeal filed by a Kolkota-based businessman Radheshyam Kejriwal challenging the proceedings initiated by the ED under the Foreign Exchange Regulation Act-FERA (now replaced by FEMA).

The trial court and later the Calcutta High Court had dismissed his plea following which he moved the apex court.

The majority view was that it would be an abuse of the process of court if ED is allowed to pursue the criminal case after he has been exonerated in departmental proceedings.