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2018 (3) TMI 2018 - HC - Money LaunderingMoney Laundering - territorial jurisdiction - summons and complaint have been served at Panchkula/Chandigarh and the entire transactions as per the complaint took place within the territory of State of Punjab - HELD THAT:- The submission made by the counsel for the petitioners that the petitioners reside at Chandigarh/Panchkula/Ludhiana or that the attachment of properties at Ludhiana was made and that the petitioners received summons at Chandigarh/Panchkula/Ludhiana, is wholly misconceived and misplaced and must be rejected outright. The residence of the accused persons cannot give cause of action. The attachment of factory/warehouses, etc. located at Ludhiana does not give any cause of action. Section 42 of the Act relates to appeal against the order of Appellate Tribunal and the provision has no relevance. The submission that there is an electronic exchange also at Ludhiana of National Spot Exchange Limited and, therefore, this Court has jurisdiction is again misplaced. Thus, no part of cause of action at all arose within the territorial jurisdiction of Punjab and Haryana High Court and there was no question of filing any petition in respect of PMLA Case No. 4 of 2015, pending in the court of designated City Civil Court and Additional Sessions Judge, Greater Bombay, or to challenge the summons issued by the said court to the petitioners - Punjab and Haryana High Court does not have any territorial jurisdiction over these matters, and the territorial jurisdiction is that of Bombay High Court. The custodial interrogation in the alleged huge scam like the present one could be most essential. However, in order to abuse the entire process of interrogation and investigation, these petitions were lodged in this Court and interim orders were obtained. In our opinion, therefore, the petitioners are fully guilty of misusing the process of law and interfering in the administration of justice. The petitioners are, therefore, liable to pay exemplary costs to the Union of India through the Enforcement Directorate. It is already found that the petitioners have successfully obtained interim orders from this Court i.e. exemption from personal appearance and bail, it is necessary to set the things right keeping in mind the principle 'actus curiae neminem gravabit' - the grant/furnishing of bail pursuant to the interim order made by this Court, becomes inconsequential. Petition dismissed for want of territorial jurisdiction.
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