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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr.Justice G.Jayachandran, Ms.Justice R.Poornima, JJ
S.Srividhya – Appellant
Versus
Assistant Director, Directorate of Enforcement – Respondent
ORDER :
Being unsuccessful before the trial Court to get discharge from the PMLA case, the petitioners herein who are also accused in the scheduled offence registered by CBI, BSFC, Bangalore, are before this Court for the relief through this criminal revision.
2. The Central Bureau of Investigation, Banks Securities & Fraud Cell (BS & FC), Bangalore had registered a case vide FIR No.20 dated 16.10.2018 under Section 120-B, 406, 420, 468 & 471 of Indian Penal Code on the basis of complaint bearing No.DGM/Zonal Manager dt., 16.10.2018 filed by Shri V.Saminathan, Deputy General Manager, Indian Bank, Trichy Zone, Trichy for Criminal Conspiracy, Criminal Beach of Trust, Cheating, Forgery for the purpsoe of cheating and using forged documents as genuine by M/s.Cethat Ltd., Regd office at Thuraiyur main road, Peramangalam Village, Pulivalam, Trichy 621 006 and its Chairman Shri K.Subburaj R/o.15 Cethar Garden, K.K.Nagar, Tiruchirapalli 620-021 and Shri N.K.Pothiraj, Managing Director of M/s.Cethar Ltd R/o.30-31, Cethar Gardens, K.K.Nagar Tiruchirapalli 620-021 and unknown persons during the period 2005 to 2018.
3. In the said FIR it is stated that M/s.Cethar Ltd., and its Directors (Petition
The Prevention of Money Laundering Act allows for independent proceedings regardless of the status of the scheduled offence, provided there is prima facie evidence of money laundering.
If a person is finally discharged/acquitted of the scheduled offence, there can be no offence of money laundering against him.
The offence of money laundering under the PMLA is a standalone, continuing offence, not dependent on the outcome of related scheduled offences, with a reverse burden of proof on the accused regarding....
The offence of money laundering under PMLA is a continuing offence, and its applicability is not dependent on the date of the predicate offence but on the existence of proceeds of crime.
The pendency of a criminal appeal does not bar proceeding with the trial under the Prevention of Money Laundering Act, as the PMLA proceedings are independent and distinct from other penal proceeding....
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
Postponement of trial under PMLA – Pendency of a criminal appeal cannot be an absolute bar for proceeding with PMLA trial, which is now being undertaken by Special Court for PMLA.
The extent of exercise of discretion by Court is limited to prima facie satisfaction of Court and if Court does not find reasonable grounds of suspicion against the Accused, it may discharge him of o....
Point of Law : The extent of exercise of discretion by Court is limited to prima facie satisfaction of Court and if Court does not find reasonable grounds of suspicion against the Accused, it may dis....
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