Forgot password
New User/ Regiser
⇒ Register to get Live Demo
2014 (12) TMI 1307 - ANDHRA PRADESH HIGH COURT
Offence under PMLA - allegation of forgery - Held that:- In the instant case, the alleged incidents occurred prior to June, 2009. Prior to June, 2009, the relevant provisions of Indian Penal Code were not included in schedule appended to the Act 2002. These provisions were not listed as offences under the Act admittedly when the alleged incidents have taken place. The only provision that is invoked which was in the schedule to the Act is Section 467. The illegal activities committed by the persons in the helm of affairs cannot be attributed to petitioner company, more particularly the allegation of forgery as all those illegalities were committed by them behind the back and without the involvement of the petitioner company. Thus, if the allegations made are taken at their face value and accepted in their entirety, they do not prima facie constitute any offence or make out a case against the petitioner company. In accordance with the principles laid down by the Supreme Court in Bajan Lal [1990 (11) TMI 386 - SUPREME COURT] the petitioner company cannot be proceeded against under Section 3 of Act 2002. Thus, filing of complaint and taking cognizance thereof is unsustainable.
In view of the above findings, the writ petition is allowed.