https://www.taxtmi.com/highlights?id=90873 The HC quashed the proceedings initiated under the PMLA against the petitioners, holding that the order taking cognizance violated the mandatory first proviso to Section 223(1) of the BNSS, which guarantees the accused a pre-cognizance opportunity of hearing. The Court held that denial of this right vitiates the cognizance itself, rendering all subsequent proceedings null and void, without requiring the accused to prove prejudice or miscarriage of justice. It further rejected the argument that PMLA complaints are akin to charge sheets, affirming they are true complaints subject to BNSS provisions. The omission of explicit reference to complaints under special laws in Section 223 does not exclude the operation of the first proviso. The Court..... en-us Fri, 25 Jul 2025 08:28:16 +0530 Fri, 25 Jul 2025 08:28:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=90873 The HC quashed the proceedings initiated under the PMLA against the petitioners, holding that the order taking cognizance violated the mandatory first proviso to Section 223(1) of the BNSS, which guarantees the accused a pre-cognizance opportunity of hearing. The Court held that denial of this right vitiates the cognizance itself, rendering all subsequent proceedings null and void, without requiring the accused to prove prejudice or miscarriage of justice. It further rejected the argument that PMLA complaints are akin to charge sheets, affirming they are true complaints subject to BNSS provisions. The omission of explicit reference to complaints under special laws in Section 223 does not exclude the operation of the first proviso. The Court..... Highlights Money Laundering Fri, 25 Jul 2025 08:28:16 +0530 https://www.taxtmi.com/highlights?id=90873