[PMLA] ED Can Summon Persons Not Named As Accused In Schedule Offence If Schedule Offence Is Pending: Karnataka HC
6 days, 13 hours ago

[PMLA] ED Can Summon Persons Not Named As Accused In Schedule Offence If Schedule Offence Is Pending: Karnataka HC

Live Law  

The Karnataka High Court has reiterated that for issuance of summons under the Prevention of Money Laundering Act, the person need not be an accused in the schedule offence if it is pending. The bench said, “There is no dispute that there is a predicate offence against the other accused and in furtherance of that, the Authorities are justified in summoning any person whose attendance is necessary for investigation purpose.” As per the prosecution's case an FIR was registered by Doddapete Police Station, Shivamogga and a charge sheet dated 18.10.2014 was filed alleging offences punishable under Sections 409, 120B, 201 read with Section 37 of IPC. Subsequently, on a further investigation under Section 173 of Cr.PC, a charge sheet was filed against the appellant for the offences punishable under Sections 409 and 202 read with Section 36 of IPC. The court said “Section 50 uses the expression "any person" and as such, it is immaterial whether the appellant is an accused or not as long as the predicate offence is pending in jurisdictional Court for which summoning has been done for recording evidence or production of documents during the course of investigation or proceedings under the Act.” It noted that FIR No.325/2014 is in respect of issuance of fraudulent gold loans issued by the Shivamogga DCC Bank against fake gold, by creating fake documents leading to misappropriation of about Rs.63 Crores. The Police have filed a charge sheet in FIR No.325/2014 under various sections of IPC including Section 471 and Section 120, both of which are scheduled offences under PMLA and in the said charge sheet, appellant was arraigned as Accused No.15, but the appellant was dropped from the charge sheet; an additional charge sheet was filed for the offences under Sections 409, 202 read with Section 36 of IPC and added back as accused No.15.

Charge Schedule Accused Ipc Fir Sheet Filed Kar Single Pmla Offence Offences Appellant Summons Predicate Offence Predicate Summon Schedule Offence Shivamogga Dcc Bank  hc  offence  summon  karnataka  pmla  accused  offences  appellant  persons  pending  summons  predicate  schedule  charge  filed  named  ed  sheet

History of this topic

ED may file money laundering case in offence committed before PMLA, says Kerala HC
3 days, 11 hours ago

ED may file money laundering case in offence committed before PMLA, says Kerala HC

The Hindu  

A Division Bench of the Kerala High Court has held that the offence of money laundering under Section 3 of the Prevention of Money-Laundering Act, 2002 can be extended to a predicate offence which happened prior to the coming into force of the PMLA or before the inclusion of such offences in the Act. The court added that if an …

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court
1 week, 3 days ago

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court

Live Law  

While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8 to apply. In an appeal filed by the respondent, the Appellate Authority and the High Court …

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court
1 week, 3 days ago

PMLA | Person Need Not Be Named As Accused In Complaint To Retain Seized Property Under Section 8(3) : Supreme Court

Live Law  

While dealing with a challenge to retention of an accused's electronic items, documents, etc. under the Prevention of Money Laundering Act, the Supreme Court recently observed that a person need not be named as an accused in the complaint in order for Section 8 to apply. In an appeal filed by the respondent, the Appellate Authority and the High Court …

Lalu Prasad Yadav summoned by ED over land-for-job case
2 weeks, 1 day ago

Lalu Prasad Yadav summoned by ED over land-for-job case

Live Mint  

Former Bihar CM Lalu Prasad Yadav has been summoned by the Enforcement Directorate for questioning tomorrow regarding the land-for-job case. On October 7, Delhi's Rouse Avenue Court granted bail to Lalu Prasad Yadav and his sons Tejashwi Yadav and Tej Pratap Yadav, reported PTI. ED filed the first charge sheet in the land-for-jobs case in January, along with former Bihar …

Karnataka High Court Quashes ED Summons Issued To Chief Minister Siddaramaiah's Wife, Minister BS Suresh In MUDA Case
3 weeks, 5 days ago

Karnataka High Court Quashes ED Summons Issued To Chief Minister Siddaramaiah's Wife, Minister BS Suresh In MUDA Case

Live Law  

The Karnataka High Court on Friday allowed the pleas by Chief Minister Siddaramaiah's wife Parvathi and Minister B S Suresh for quashing summons issued by Enforcement Directorate for their alleged involvement in the Mysore Urban Development Authority case. The entire argument of mine would be that to attract provisions of PMLA unless there is activity in furtherance of proceeds of …

MUDA Case: Karnataka High Court Extends Stay On ED Summons Issued To CM Siddaramaiah's Wife Parvathy, Minister Suresha
1 month, 3 weeks ago

MUDA Case: Karnataka High Court Extends Stay On ED Summons Issued To CM Siddaramaiah's Wife Parvathy, Minister Suresha

Live Law  

The Karnataka High Court on Monday extended its interim order staying the summons issued by Enforcement Directorate to Chief Minister Siddaramaiah's wife Parvathy and Minister B S Suresha, for their alleged involvement in the MUDA case, till February 20. During the hearing, Chouta took the court through the points of submissions which he would be making to quash not only …

Karnataka HC stays proceedings against Rahul Gandhi in defamation case filed by BJP
2 months, 2 weeks ago

Karnataka HC stays proceedings against Rahul Gandhi in defamation case filed by BJP

The Hindu  

The High Court of Karnataka stayed the proceedings against Rahul Gandhi, a Congress MP and the Leader of the Opposition in the Lok Sabha, in a defamation case lodged by the Bharatiya Janata Party’s State unit for issuing ‘defamatory’ Justice M. Nagaprasanna passed the interim order on January 17 on a petition filed by Mr. Gandhi, who has questioned the …

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
3 months, 1 week ago

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

Live Law  

The Supreme Court yesterday set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence. A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the …

ED can issue summons in money-laundering cases even after filing chargesheet, says Madras HC
4 months ago

ED can issue summons in money-laundering cases even after filing chargesheet, says Madras HC

New Indian Express  

CHENNAI: The Madras High Court has ruled that the Enforcement Directorate is empowered to issue summons to the accused as part of further investigations even after the complaint is filed in the jurisdictional court in a case of money laundering. The ruling was issued while dismissing petitions filed by P Palanichamy of PRP Granites and two others, who were booked …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
10 months, 2 weeks ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

Supreme Court Quashes Money Laundering Case Against Karnataka Dy CM DK Shivakumar & Aide
1 year ago

Supreme Court Quashes Money Laundering Case Against Karnataka Dy CM DK Shivakumar & Aide

Live Law  

The Supreme Court on Tuesday allowed the appeals filed by Karnataka Deputy Chief Minister DK Shivakumar and his aide challenging criminal proceedings in a 2018 money laundering case. The primary reason cited by the single-judge bench of the high court was that Section 120B of the Indian Penal constituted a stand-alone offence adequate to invoke the Prevention of Money Laundering …

Senthilbalaji case | ED urges Madras High Court to order speedy trial, instead of granting bail
1 year, 1 month ago

Senthilbalaji case | ED urges Madras High Court to order speedy trial, instead of granting bail

The Hindu  

The Directorate of Enforcement has accused former Minister V. Senthilbalaji of intentionally stalling the commencement of trial in a money laundering case and urged the Madras High Court to order speedy trial instead of accepting his plea to grant bail until the completion of trial. ‘Comprise formula criticised by SC’ The ED also highlighted that the Supreme Court, High Court …

Jharkhand high court dismisses Hemant Soren’s plea challenging ED summons
1 year, 5 months ago

Jharkhand high court dismisses Hemant Soren’s plea challenging ED summons

Hindustan Times  

The Jharkhand high court on Friday dismissed chief minister Hemant Soren’s petition challenging the ED summons and two contentious provisions of the Prevention of Money Laundering Act, saying the plea was “not maintainable”. The Jharkhand high court on Friday dismissed chief minister Hemant Soren’s petition challenging the ED summons Soren had challenged the summons issued by the Directorate of Enforcement …

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action
1 year, 11 months ago

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action

Live Law  

The Delhi High Court had warned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 to not use “disconcerting language” in its orders and said that repeated use of “template paragraphs” is not permissible. Justice Prathiba M Singh directed the Appellate Tribunal under PMLA to ensure that the Adjudicating Authority abides by the principles of natural. Justice Prathiba M …

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA
2 years ago

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA

India Today  

The Supreme Court on Tuesday issued notice to the Centre and the Enforcement Directorate on a petition that has challenged the constitutionality of Section 50 and Section 63 of the Prevention of Money Laundering Act, 2022. READ | Explained: Supreme Court's big verdict on Prevention of Money Laundering Act During a brief hearing, senior advocate Kapil Sibal appeared for Singh …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
2 years ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court
2 years ago

Cannot Interfere With ED Case Registered In Another State : Karnataka High Court

Live Law  

The Karnataka High Court has held that it cannot interfere with criminal proceedings initiated by the Directorate of Enforcement in Mumbai merely on the ground that the accused is staying and operating a bank account in Karnataka. A single judge bench of Justice K Natarajan dismissed the petition filed by Vihaan Direct Selling India Private Limited which had approached the …

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings
2 years, 3 months ago

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings

Live Law  

While dismissing a plea by a company challenging the proceedings initiated by Enforcement Directorate under the Prevention of Money Laundering Act, the Madras High Court observed that the two requirements to start an investigation by the ED are commission of a predicate offence and prima facie material to show that such schedule offence has. While dismissing a plea by a …

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court
2 years, 4 months ago

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court

Live Law  

The Calcutta High Court on Monday held that once a regular case of "scheduled offence" is quashed, any subsequent case registered under Prevention of Money Laundering Act will also automatically stand quashed. As regards the parallel criminal proceeding arising out of an FIR instituted under Sections 420/120B IPC read with S. 13 of PMLA, being a "scheduled offence" within the …

PMLA proceedings stayed on Rs 73 cr letter of credit
2 years, 4 months ago

PMLA proceedings stayed on Rs 73 cr letter of credit

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court stayed all further proceedings with respect to Varanasi Dileep in a case under Section 3 and 4 of Prevention of Money Laundering Act pertaining to a Rs 73 crore bogus letter of credit fraud. The Enforcement Directorate had initiated the money-laundering investigation into the petitioner and Khagesh Kachhwal on basis of …

ED summons Jharkhand CM Hemant Soren in money laundering case
2 years, 5 months ago

ED summons Jharkhand CM Hemant Soren in money laundering case

Deccan Chronicle  

New Delhi: The Enforcement Directorate has summoned Jharkhand Chief Minister Hemant Soren for questioning on November 3 in a money laundering case linked to alleged illegal mining in the state, officials said on Wednesday. The ED probe began after the agency raided Mishra and his alleged associates on July 8, covering 19 locations in Sahibganj, Barhait, Rajmahal, Mirza Chauki and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Summoning Accused In A Criminal Matter Is A Serious Business, Should Not Be Done Mechanically: J&K&L High Court
2 years, 7 months ago

Summoning Accused In A Criminal Matter Is A Serious Business, Should Not Be Done Mechanically: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the summoning of an accused in a criminal matter is a serious business and the same has to be done only after de application of mind by the court concerned. Therefore, the order of summoning an accused in a criminal complaint should not be a mechanical exercise but such …

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court
2 years, 7 months ago

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13 read with Section 13 of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. In appeal, the bench comprising Justices Dinesh Maheshwari and …

Will Supreme Court ruling on PMLA help Rahul, Sonia in National Herald case?
2 years, 9 months ago

Will Supreme Court ruling on PMLA help Rahul, Sonia in National Herald case?

India Today  

As the Enforcement Directorate summoned Rahul Gandhi for a second day in National Herald case, Congress leaders have raised questions about the FIR on the basis of which a probe under the Prevention of Money Laundering Act is being conducted. Even otherwise, it is incumbent upon the court to look into the allegation and the material collected in support thereto …

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court
3 years, 1 month ago

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

Live Law  

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a. …

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case
3 years, 6 months ago

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case

Live Law  

The Enforcement Directorate on Tuesday opposed the petition filed by All India Trinamool Congress MP Abhishek Banerjee and his wife before the Delhi High Court seeking quashing of summons issued to them by the agency in connection with West Bengal coal scam case.Justice Yogesh Khanna heard Solicitor General of India Tushar Mehta appearing for the Respondent, Enforcement Directorate in. The …

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
4 years ago

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court

Live Law  

The Bombay High Court recently held that the Enforcement Directorate could continue investigation into cases of money-laundering even after investigation into the base/scheduled offences were closed. Even if the Predicate/Scheduled Offence is compromised, compounded, quashed or the accused therein is/are acquitted, the investigation of ED under PMLA does not get affected, wiped away or ceased to continue." In Court, their …

Won't Insist On Personal Appearance Of Mehbooba Mufti Till March 19, ED Tells Delhi High Court
4 years ago

Won't Insist On Personal Appearance Of Mehbooba Mufti Till March 19, ED Tells Delhi High Court

Live Law  

The Enforcement Directorate today submitted before the Delhi High Court that it would not insist upon the appearance of PDP leader and former Chief Minister of Jammu and Kashmir Mehbooba Mufti with respect to a summons issued upon her in a case against her under S.50 of the Prevention of Money Laundering Act, 2002. Mufti has claimed in her petition …

Former J-K CM Mehbooba Mufti Moves Delhi High Court Challenging ED Summons Under PMLA
4 years ago

Former J-K CM Mehbooba Mufti Moves Delhi High Court Challenging ED Summons Under PMLA

Live Law  

Former Chief Minister of the state of Jammu and Kashmir, Mehbooba Mufti has moved the Delhi High Court seeking quashing of summons issued to her by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002. Mufti has claimed in her petition that she received the summons on her personal email ID from the official email ID of the …

DK Shivakumar appears before ED for second consecutive day of questioning in money laundering case
5 years, 7 months ago

DK Shivakumar appears before ED for second consecutive day of questioning in money laundering case

Firstpost  

Senior Karnataka Congress leader DK Shivakumar appeared before the Enforcement Directorate on Saturday for the second straight day in a money laundering case New Delhi: Senior Karnataka Congress leader DK Shivakumar appeared before the Enforcement Directorate on Saturday for the second straight day in a money laundering case, officials said. The investigating officer of the case had grilled him for …

Karnataka HC Dismisses DK Shivakumar's Plea For Quashing ED Summons In Alleged Money laundering Case [Read Judgment]
5 years, 7 months ago

Karnataka HC Dismisses DK Shivakumar's Plea For Quashing ED Summons In Alleged Money laundering Case [Read Judgment]

Live Law  

The Karnataka High Court on Thursday dismissed a petition filed by Congress party leader in the state, DK Shivakumar and four others, seeking to quash the summons issued to them by the Enforcement Directorate in an alleged case of money laundering, under the Prevention of Money Laundering Act.Justice Aravind Kumar while dismissing the petitions said "The mere issuance of a …

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