Juristic accused representation in PMLA prosecution: company's nominated representative must be accepted once duly arranged.

A juristic person prosecuted under the Prevention of Money Laundering Act must be represented in criminal proceedings by a human agent nominated by the entity itself. Where the company-accused has already put forward a person to act as its representative and to file the necessary affidavit before the trial court, there is no basis to continue the prosecution against another person in that representative capacity. On that footing, the earlier rejection of discharge was set aside, the revision succeeded, and the proceedings were directed to continue with the nominated representative for the company-accused.

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Issues: Whether a juristic entity arraigned as an accused in a prosecution under the Prevention of Money Laundering Act, 2002 can nominate its own representative for trial, and whether the petitioner was entitled to discharge once such nomination was made.

Analysis: A corporate or other juristic accused must be represented by a human agent in the criminal proceedings, and the duty to nominate such representative lies with the entity itself. The record showed that another accused had volunteered to represent the company-accused and had undertaken to file the necessary affidavit before the trial court. Once the juristic entity had put forward a person to represent it, there was no basis to continue the prosecution against the petitioner in that representative capacity.

Conclusion: The petitioner was entitled to be discharged, and the juristic accused was permitted to be represented by the nominated person before the trial court.

Final Conclusion: The revision succeeded, the discharge rejection was set aside, and the proceedings were directed to continue with the nominated representative for the company-accused.

Ratio Decidendi: In criminal prosecution of a juristic person, the entity itself must choose its representative, and once such nomination is made, the earlier representative cannot be continued against unless the entity fails to make any arrangement.

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