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2016 (9) TMI 1351 - KARNATAKA HIGH COURTPenalty u/r 209A of the Central Excise Act, 1944 - It is contended by the petitioner that if there are allegations of fraudulent transfers under registered documents of conveyance the Criminal Court could hardly be in a position to adjudicate the same and that unless the transactions are established to be fraudulent and the transfers are set aside - Held that: - If the complaint has to be proceeded with it has to be on the premise that the transfers if any were void ab initio which is impermissible unless there is a finding after adjudication that each such transaction was permitted by fraud and was intended to avoid the attachment proceedings and hence the Criminal Court would not have the jurisdiction to adjudicate on civil transactions - proceedings initiated against the petitioner is out of place - petition allowed - decided in favor of petitioner.
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