2024 (3) TMI 354

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....f 2023 in WP No.1024 of 2023 and Crl.MP.No.565 of 2024 in Crl.OP.No.916 of 2024 - -<br>PMLA<br>Hon&#39;ble Mr. Justice M.S.Ramesh And Hon&#39;ble Mr.Justice Sunder Mohan For the Petitioners in Crl.O.P.No.208477/23 : Mr.Nithyesh Natarajan for Mr.Anirudh A Sriram For the Petitioners in Crl.O.P.No.916/24 : Mr.B.Sathish Sundar For the Respondent in both Crl.O.Ps. : Mr.Sakthi Aatharsh for Mr.Rajinish Pathiyil Special Public Prosecutor (ED) COMMON ORDER SUNDER MOHAN, J. The Accused Nos.1,2,4,5,6,7,8 and 9, facing trial in Spl.S.C.No.6 of 2023 in ECIR No.CEZO-I/39/2021 dated 26.05.2023 on the file of the learned XII Additional Special Judge for CBI Cases, Special Court for Prevention of Money Laundering Act (hereinafter referred ....

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....ction 409 of the IPC which is not a scheduled offence. Therefore, even assuming that there are proceeds of crime, it cannot be said to be as a result of commission of a scheduled offence, which is a prerequisite to maintain a complaint under Section 3 of the PMLA. The above referred observations of the Hon&#39;ble Supreme Court are squarely applicable to the facts of the instant case. The complaint is therefore liable to be quashed on that sole ground, and hence, we are not expressing any opinion on the other submissions made by the learned counsel for the petitioner. 10. Since the respondent lacks jurisdiction under the PMLA, the communications sent to the Bank to withhold the portion of the compensation amount payable to the peti....

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....021 dated 31.03.2021 registered by the 1st respondent insofar as these petitioners are concerned; (ii) provisional attachment passed by the 1st respondent under Section 5(1) of the Prevention of Money Laundering Act, 2002 in Order No.11/2022 in ECIR No.CEZO-I/39/2021 dated 30.9.2022 insofar as the Schedule-A & Schedule-B, C properties are concerned; and (iii) the complaint (OC) No.1828 of 2022 in PAO No.11/2022 in ECIR NO.CEZO-I/39/2021 dated 26.10.2022 issued under Section.5(5) of Prevention of Money Laundering Act, 2002 - PMLA 2002 dated 30.09.2022 on the file of the 1st respondent, insofar as these petitioners are concerned. 6. Since the complaint itself is not maintainable, the respondent has no jurisdiction to atta....