2025 (5) TMI 2172 - HC - Money Laundering

Money Laundering - principles of natural justice - respondent concedes that pre-cognizance hearing is required by issuing notice to the petitioner under proviso to Section 223(1) of BNSS since the complaint has been filed after 01.07.2024 - HELD THAT - The impugned order dated 09.12.2024 is set aside directing the PMLA Court to pass a fresh order after affording opportunity of hearing to the petitioner in terms of the statutory requirement within a period of two months of receiving a certified copy of this order. The petition stands disposed of.

Summary

The Punjab and Haryana High Court, through Justice Tribhuvan Dahiya, set aside the order dated 09.12.2024 passed by the Special Judge (PMLA), Haryana, in complaint case no. COMA/5/2024 arising from ECIR/GNZO/19/2023 under Section 65 of the PMLA, 2002 read with Section 187(3) BNSS, 2023. The petitioner challenged the complaint filed on 16.09.2024, contending that the trial court failed to issue notice under the proviso to Section 223(1) of BNSS before taking cognizance, as mandated by the Supreme Court in Kushal Kumar Agarwal v. Directorate of Enforcement (SLP(Crl.) 2766 of 2025). The respondent conceded that a pre-cognizance hearing with notice to the petitioner is required for complaints filed after 01.07.2024. The High Court directed the PMLA Court to conduct a fresh hearing, affording the petitioner an opportunity to be heard in compliance with the statutory requirement, within two months of receiving the certified copy of this order. The petition was accordingly disposed of.