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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, V.Sivagnanam
S. Jayalakshmi – Appellant
Versus
Directorate of Enforcement, Chennai Zone-I, rep. by its Deputy Director – Respondent
| Table of Content |
|---|
| 1. factual background regarding loans and bankruptcy. (Para 2 , 3 , 4 , 6 , 7) |
| 2. claims of innocence and lack of involvement in loans. (Para 5 , 8 , 10 , 16) |
| 3. legal principles relating to corporate liability. (Para 9 , 11 , 12 , 13) |
| 4. court observations on evidence and jurisdiction. (Para 14 , 15 , 17 , 26) |
| 5. evidence presented against the petitioner. (Para 18 , 19 , 20 , 21) |
| 6. court views on accountability for shareholding. (Para 22 , 23 , 28) |
| 7. prosecution's burden and shareholder liability. (Para 24 , 32 , 33) |
| 8. legal interpretations of pmla liabilities. (Para 25 , 27) |
| 9. conclusions drawn regarding the trial's progress and dismissal of the case. (Para 34) |
| 10. matters of trial and dismissal of revisions. (Para 36 , 37 , 38) |
| 11. final order dismissing the case. (Para 39) |
ORDER :
S.M. Subramaniam J.
Under assail is the judgement dated 13th October, 2023 in Crl.M.P.No.6422 of 2022 in Spl.C.C.No.2 of 2021.
2. The petitioner is Accused No.16 and she filed a petition under Section 227 of Criminal Procedure Code for discharge. Since the petition has been dismissed, the present Criminal Revision Case came to be instituted.
3. The petitioner is the then wife of Mr.C.Sivasankaran
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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....
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