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HC quashed criminal proceedings under PMLA and IPC sections, finding insufficient evidence of 'proceeds of crime' as defined u/s 2(1)(u) of PMLA. The court determined that M/s. A (developer) had substantially fulfilled contractual obligations, with B (complainant) acknowledging completion of works except for a minor outstanding amount. The dispute was deemed civil in nature, lacking criminal intent required for charges of cheating. The court criticized the ED's allegations regarding non-delivery of services as unfounded, given documented evidence of work completion and corresponding payments. The matter was characterized as a contractual dispute inappropriately converted into criminal proceedings, resulting in dismissal with observations on potential exemplary costs against complainant and ED for harassment.
HC quashed criminal proceedings under PMLA and IPC sections, finding insufficient evidence of 'proceeds of crime' as defined u/s 2(1)(u) of PMLA. The court determined that M/s. A (developer) had substantially fulfilled contractual obligations, with B (complainant) acknowledging completion of works except for a minor outstanding amount. The dispute was deemed civil in nature, lacking criminal intent required for charges of cheating. The court criticized the ED's allegations regarding non-delivery of services as unfounded, given documented evidence of work completion and corresponding payments. The matter was characterized as a contractual dispute inappropriately converted into criminal proceedings, resulting in dismissal with observations on potential exemplary costs against complainant and ED for harassment.
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