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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Gujarat Mercantile Co-Operative Bank Ltd. – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. filing of a petition under section 482 of cr.pc. (Para 1 , 2) |
| 2. petitioners' limited role in allegations. (Para 3) |
| 3. opposition to petition citing specific allegations. (Para 4) |
| 4. role of cooperative banks in money laundering context. (Para 6) |
| 5. conclusion on nature of vicarious liability. (Para 11) |
| 6. court's decision to quash the complaint. (Para 13 , 14 , 15) |
JUDGMENT :
J. C. DOSHI, J.
1. The present petition is filed under Section 482 of the Cr.PC for the following reliefs:-
A) Your Lordship may be pleased to admit and allow this Application;
(B) Your Lordships may be pleased to issue writ of certiorari or any other write, order or direction to quash and set aside the complaint dated 30.03.2015 being PMLA Complaint No. 05 of 2015, qua the present petitioners, lodged in the Court of Hon ble Principal District and Sessions Judge (Designated Special Court under PMLA 2002), Ahmedabad (Rural).
C) Your Lordships may be pleased to quash the summons dated 30.03.2015 issued upon the present petitioners, qua the present petitioners in PMLA Complaint No. 05 of 2015 issued by the Honble Principal District and Sessions Judge (Designated Special Court under PMLA 2002), Ahmedaba
Negligence in banking practices does not constitute complicity in money laundering without evidence of knowledge or intent to aid in the crime, under PMLA.
The sufficiency of evidence and compliance with essential elements to constitute an offence under the PMLA Act are crucial in determining the legality of criminal proceedings.
The main legal point established in the judgment is the wide scope of Section 3 of the Prevention of Money-Laundering Act, 2002 to cover all persons involved in any process or activity connected with....
The absence of 'proceeds of crime' negates the charge of money-laundering under the Prevention of Money-Laundering Act, 2002.
PMLA proceedings against new accused via supplementary complaint need no pre-cognizance hearing under BNSS Section 223 if original cognizance pre-exists; money laundering offence independent, prosecu....
Without a predicate offense, proceedings under the Prevention of Money Laundering Act cannot be sustained, as established by the Supreme Court.
The court upheld the necessity of trial for charges framed under the Prevention of Money Laundering Act, emphasizing that prima facie evidence supports the petitioner’s involvement in fraudulent acti....
The existence of a scheduled offence is essential for sustaining PMLA proceedings; quashing of such offences leads to dismissal of related money laundering charges, but a firm may be prosecuted indep....
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