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The SC held that merely because the respondent was discharged in the predicate offence, the HC cannot quash the summons issued under PMLA. The question of arraying the respondent as an accused is to be decided later, and the respondent can raise relevant contentions, including that the PMLA proceedings cannot sustain if the predicate offence is quashed. The impugned HC order was set aside, allowing the appellant to proceed pursuant to the summons, with all issues left open for the respondent if arrayed as an accused.
The SC held that merely because the respondent was discharged in the predicate offence, the HC cannot quash the summons issued under PMLA. The question of arraying the respondent as an accused is to be decided later, and the respondent can raise relevant contentions, including that the PMLA proceedings cannot sustain if the predicate offence is quashed. The impugned HC order was set aside, allowing the appellant to proceed pursuant to the summons, with all issues left open for the respondent if arrayed as an accused.
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