The central legal point established in the judgment is that the jurisdiction under the Prevention of Money Laundering Act (PMLA) is limited to scheduled offences, and the application of Section 120B of the IPC must be connected to scheduled offences to invoke the provisions of the PMLA.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a writ of certiorarified mandamus, calling for the records of the 2 nd respondent herein in and connected with order dated 06.03.2023 in F.No.ECIR/CEZO-1/39/2021 quash the same as being without authority of law and illegal and direct the said respondent to act on the representation of the petitioner dated 19.02.2023 and give their no objection for acquisition of property situated at Old Survey No.43(Part), Block 18, Kolathur Village, Chennai and payment of compensation thereof by the 3 rd respondent.  Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in and connected with Spl.C.C.No.6 of 2023 on the file of the learned XII Additional Special Judge for CBI Cases, Special Court for PMLA Cases, Chennai and quash the same.)

Common Order

Sunder Mohan, J.

1. The 3 rd accused, facing trial in Spl.S.C.No.6 of 2023 on the file of the learned XII Additional Special Judge for CBI Cases, Special Court for Prevention of Money Laundering Act (hereinafter referred to as 'PMLA') Cases, Chennai, on the complaint filed by the respondent herein, has preferred the above quash petition. He has also filed the above writ petition to quash the order dated 06.03.2023 in F.No.ECIR/CEZO-1/39/2021 and to consider his representation dated 09.03.2023, to give no objection for him to claim compensation that was deposited for acquiring his lands by the authorities of Chennai Metro Rail Limited (hereinafter referred to as 'CMRL').

2. The brief facts leading to the filing of the above petitions are as follows:

(a) Between 2004 and 2006, several complaints were filed against one Dhanraj Kochar (A1) and others alleging that properties of a company by the name of DR Foundations and Estates Private Limited were misappropriated and sold to the kith and kin of the said Dhanraj Kochar for inadequate consideration.

(b) On 04.08.2006, FIR No.815 of 2006, was registered by J-9 Thuraipakkam Police Station for offences under Sections 408, 420, 468, and 120B of the IPC against the petitioner and others that the complainant had entrusted Rs.1.71 Crores to the company, DR Foundations and Estates Pvt. Ltd.,; that Dhanraj Kochar and others had misappropriated the same by withdrawing the money; and that the said Dhanraj Kochar had purchased properties in the name of his kith and kin.

(c) On 14.04.2007, the police filed the final report after investigation in the said FIR in C.C.No.530 of 2007 on the file of the learned Judicial Magistrate, Alandur. The petitioner and others were convicted for the offence under Sections 409 r/w 109 and 120B of the IPC. The petitioner preferred an appeal before the learned Additional District and Sessions Judge, Chengalpattu, in Crl.A.No.82 of 2017.

(d) On 10.10.2022, the learned Additional District and Sessions Judge, Chengalpattu, dismissed the appeal and confirmed the conviction against the petitioner. The petitioner has preferred Crl.R.C.No.1577 of 2022, which is pending before this Court.

(e) Another FIR in Cr.No.73 of 2018 was registered by Central Crime Branch, Chennai, for the offence under Sections 420 and 34 of IPC on the complaint given by one Sathak Ahmed Shaw, S/o.M.S.Hameed (de-facto complainant in Cr.No.815 of 2006), alleging that the petitioner and others cheated the de-facto complainant by entering into a joint venture with another company.

(f) The petitioner and others filed quash petitions before this Court in Crl.O.P.Nos.7325, 11095, and 11427 of 2018, praying for the quashing of FIR in Cr.No.73 of 2018. This Court, by order dated 15.02.2020, quashed the said FIR. It is reported that this order has not been challenged before the Hon'ble Supreme Court.

(g) Similarly, another FIR was registered against the petitioner and others in Cr.No.100 of 2014 for the offence under Sections 406, 420