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DINESH MAHESHWARI, KRISHNA MURARI
Parvathi Kollur – Appellant
Versus
State By Directorate Of Enforcement – Respondent
ORDER :
1. Leave granted.
2. The appellants herein have questioned the judgment and order dated 17.12.2020 as passed by the High Court of Karnataka at Bengaluru in Criminal Revision Petition No. 590 of 2019 whereby, the High Court allowed the revision petition filed by the respondent and set aside the discharge order passed by the IIIrd Additional District and Sessions Judge, D.K., Mangaluru (Karnataka) for the offence under Section 3 of the Prevention of Money-Laundering Act, 2002(hereinafter referred to as ‘the Act of 2002’).
3. The appellants herein are wife and son of the accused No. 1 against whom the allegations had been that during his tenure as Deputy Revenue Officer, he amassed assets disproportionate to his known source of income to an extent of Rs.42,25,859/-. For this, the Lokayukta Police registered a case under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act of 1988’). During the pendency of trial, the Directorate of Enforcement registered a case against the accused No. 1 and the appellants under the Act of 2002 and filed a complaint on 08.06.2016 before the Special Court for trial of the offence und
The offence under Section 3 of the Prevention of Money-Laundering Act, 2002 is dependent on illegal gain of property as a result of criminal activity relating to a scheduled offence, and prosecution ....
If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.
Acquittal in scheduled offences leads to the termination of proceedings under the Prevention of Money Laundering Act.
The main legal point established is that if a person is finally discharged/acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there....
Acquittal in the predicate offence under the Prevention of Corruption Act necessitates the termination of proceedings under the Prevention of Money Laundering Act.
Discharge denied in PMLA case as scheduled offences pending via protest petitions/remand; prima facie case from money trail suffices at discharge without mini-trial; beneficial ownership extends liab....
At the stage of framing charges, the court must apply its judicial mind to the material placed on record and be satisfied that the commission of the offense by the accused was possible.
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