Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 586 - HC - Money LaunderingMoney Laundering - proceeds of crime - validity of simultaneous proceedings under different statutes - obtaining bank form loan with the help of forged documents - offences punishable under Sections 511, 109, 34, 120-B, 406, 409, 420, 405, 417 and 426 IPC - HELD THAT:- It is a petition under Section 482 of the Code. The jurisdiction is too wide to ensure the ends of justice. It is guided by the principles of law, as laid down by the Hon’ble Supreme Court in a catena of decisions - In the case of INDIAN OIL CORPORATION VERSUS NEPC INDIA LTD & ORS [2006 (7) TMI 575 - SUPREME COURT], it was held that As the nature and scope of a civil proceeding are different from a criminal proceeding, the mere fact that the complaint relates to a commercial transaction or breach of contract, for which a civil remedy is available or has been availed, is not by itself a ground to quash the criminal proceedings. The test is whether the allegations in the complaint disclose a criminal offence or not. In the instant case, complaint has been filed by a public servant in discharge of his official duties. Therefore, apparently there is no need to examine the complainant and the witnesses under Sections 200 and 202 of the Code before issuance of the process. A bare perusal of Section 3 of the Act, makes it abundantly clear that it provides for punishment for involvement in any process or activity connected with the proceeds of crime - What is the allegation in the instant case is that the petitioners prepared forged documents, used them as genuine and untainted. In the instant case, the FIR was filed for offences under Indian Penal Code, 1860 (IPC) and here, in the instant case, the complaint is filed under Sections 3 and 4 of the Act. Both are distinct offences. The acts are also different. They are not the same offence. Therefore, apparently the provisions of Article 20(2) of the Constitution of India are not attracted in the instant case. Instant complaint case is not a second trial. The petitioners have never been tried before - In so far as Section 300 of the Code is concerned, it is also not applicable, it deals with the situation when the person once convicted or acquitted is tried for the same offence again. This Section bars such trial. Instant complaint case is not a second trial. The petitioners have never been tried out. This act is not an offence under the IPC, under which FIR was filed and charge-sheet has been submitted, of which the trial is pending. This is distinct offence, defined under the Act. Therefore, mere pendency of criminal trial for the offences based on FIR lodged against the petitioners on 23.07.2009, it cannot be said that the complaint may not proceed further. In the instant case, it is the allegation against the petitioner that he used Proceeds of Crime, he concealed it by layering, by integrating it. Merely because the petitioners have already deposited the money, it does not absolve the petitioners of any liability under the Act. Section 3(ii) of the Act, does not bar the prosecution. Petition dismissed.
|