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2019 (4) TMI 1982 - HC - Money LaunderingTransfer of proceedings to Special Court constituted for PMLA - Constitutional Validity of Section 45(1) of the PMLA - HELD THAT:- A reading of the Section 44 of the PMLA, makes it clear that only the offences punishable under the said Act and connected schedule offences alone are to be tried by the Special Court constituted for the said Act. The impugned proceedings, which are sought to be transferred from the CBI Court by the Petitioner/A1, are not under the PMLA, but under the provisions of IPC and the Prevention of Corruption Act, 1988, which are pending before the Additional Chief Metropolitan Magistrate, Egmore, Chennai - Admittedly, the Petitioner was prosecuted by the 1st Respondent/CBI for having committed serious bank frauds to the tune of ₹ 77.39 crores and accordingly, the charge sheet was filed under the provisions of IPC, namely, Section 420 of IPC. Mere filing of the private complaint to proceed against the Petitioner for the same serious bank frauds, on the basis of the materials collected by the 1st Respondent/CBI will not entitle the Petitioner to seek transfer the impugned proceedings initiated by the 1st Respondent/CBI to the Special Court constituted for the said Act to be tried jointly. This Court is of the firm opinion that the cases, arising out of money laundering, pending before the other Courts other than the Special Court cannot be transferred and such a Court can only commit the cases to the Special Court on filling necessary application by the authority concerned, seeking permission to file the complaint under the Prevention of Money Laundering Act. Therefore, the question of transferring the impugned proceedings to the Special Court for Prevention of Money Laundering Act does not arise at all. Therefore, the relief sought for by the petitioners cannot be sustained, at this stage. This Court is of the view that the cases, which are pending on the file of the CBI Court in connection with various offences, which were investigated in the year 2013, cannot be transferred to the Special Court for Prevention of Money Laundering as sought for by the Petitioner/A1. Consequently, this Court is not inclined to entertain the present Criminal Original Petition - Petition dismissed.
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