2026 (6) TMI 1014

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... SYAM KUMAR V.M. For the Petitioners: By Advs. Sri. Manu Tom, Sri. Balamurali K.P., Sri. Shaji T.M., Sri. Renil Iqubal K., Sri. Amal C. Peter, Smt. Haripriya. M. For the Respondent: By Adv. Sri. Jaishankar V Nair, SC. ORDER Petitioners, three Corporate entities, who are accused Nos. 11, 12 and 17 respectively in SC (PMLA) No. 2 of 2026 before the Special Court for PMLA Cases/Special Ad....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d Nos 11, 12 and 17 in SC (PMLA) 2 of 26 before the Special Court are corporate entities. The impugned notices viz., Annexures A1, A2 and A3 are issued to them as represented by their Director one Sri. Nithin Radhakrishnan. The impugned notices state that the attendance of the notice is required to answer charges, cognizance of which have been taken in a complaint filed under Section 44 (1) (b) of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s laid down by the Hon'ble Supreme Court in Parvinder Singh v. Directorate of Enforcement (2026 KHC OnLine 6383) that the first proviso to Section 223 (1) of the BNSS, which mandates that no cognizance of an offence shall be taken without giving the accused an opportunity of being heard, applies to the complaint proceedings under the PMLA and that unless the mandates of the said provision are ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to be guilty of the contravention and shall be liable to be proceeded against and punished". Thus when a Company is arrayed as an accused in the proceedings initiated under the PMLA, liability may extend to its Directors, Officers, and other persons responsible for its affairs since such proceedings thus can affect both personal liberty and property rights. Hence the procedural protection of a pri....