If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 read with Section 401 Cr.P.C. to call for the records pertaining to the case pending in Crl.M.P.No.4826 of 2020 in C.C.No.61 of 2016 pending on the file of the Principal Special Judge for CBI cases VIII Additional City Civil Court, Chennai (designated court for trial of PMLA cases) and to set aside the order dated 23.6.2022 passed therein and allow the same.)

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

The Criminal Revision Case has been filed seeking to set aside the order passed by the Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai (designated court for trial of PMLA cases) dated 23.6.2022 in Crl.M.P.No.4826 of 2020 in C.C.No.61 of 2016, dismissing the petition filed for discharge filed under Section 227 of Cr.P.C.

2. Brief facts of the case are as under:-

i) The petitioner is arrayed as A6 in the complaint filed by the respondent in C.C.No.61 of 2016 for offences of money laundering under Section 3 of the Prevention of Money Launder Act, 2002 (in short PML Act) punishable under Section 4 thereof.

ii) Initially, based on a complaint lodged by one B.Surendran, the CBI, BS&FC, Bangalore, registered a case in FIR No RC.08/E/2010-BS&FC/BLR on 7.10.2010 against one S.Arivarasu, the then Business Development Manager of M/s Global Trade Finance Limited, presently known as M/s SBI Global Factors Ltd., Coimbatore; P.Venkatachalapathy, Managing Director and R.Manoharan, Director of M/s Kundrakudi Kandha Spinning Mills Pvt. Ltd. and others under Section 120-B read with Sections 420, 467, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

iii) Since, there appeared to be a case relating to an offence of money laundering under Section 3 of the PML Act, which required further investigation in accordance with the provisions of the PML Act and the Rules framed therein, a case in ECIR No.05/2011 dated 3.1.2011 was registered in the office of the respondent against the said Kundrakudi Kandha Spinning Mills Pvt. Ltd, Udumalpet, Tamil Nadu and others.

iv) Subsequently, after completion of investigation in FIR No.RC 08/E/2010-BS&FC/BLR final report was filed in ECIR No.05/2011, dated 22.7.2011 under sec. 173 of Cr.P.C, for offences under Sections 120-B, 420, 467 & 471 of IPC and Section 13 of Prevention of Corruption Act, 1988 against the persons mentioned in the FIR and others and the case was taken by the II Additional District Judge (CBI cases), Coimbatore in C.C.No.9 of 2011, wherein the petitioner was arrayed as A5.

v) Meanwhile, the respondent/complainant, based on the investigation done in ECIR No.05/2011 dated 3.1.2011, filed a complaint against the accused in C.C.No.61 of 2016 before the Principal Sessions Judge, Chennai (Special Court constituted under Section 43(1) of PML Act, 2002). The petitioner was arrayed as Accused No.6.

vi) The petitioner filed a discharge petition in C.M.P.No.1152 of 2011 in C.C.No.9 of 2011on the file of the II Additional District Judge for CBI Cases Coimbatore under Section 239 Cr.P.C. seeking to discharge him from the case. The Trial Court, by an order dated 30.4.2013, had allowed the petition and discharged the petitioner in C.C.No.9 of 2011. Against the discharge of the petitioner by the CBI Court, the CBI had filed a Criminal Revision in Crl.R.C.No.1000 of 2013 before this court and this court, by order dated 14.7.2014, dismissed the revision filed by the CBI confirming the order of discharge of the petitioner in C.C.No.9 of 2011, against which the Department has not preferred any appeal and the order of discharge of the petitioner stands confirmed.

vii) Whileso, the petitioner, based on the discharge from the case relating to the predicate offence/scheduled offence in C.C.No.9 of 2011, had filed Crl.M.P.4826 of 2020 in C.C.No.61 of 2016 on the file of the