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2015 (12) TMI 1733 - AT - Money LaunderingOffence under PMLA - provisional attachment orders - Held that:- The charge Sheet No. 1/2013 was filed on 25-2-2013 before the Additional Metropolitan Magistrate, Banglore which inter alia include offences under Sections 420 and 471 of Indian Penal Code against Shri John Micheal and others and provisional attachment Order No. 9/2014 was passed on 6-8-2014 which event is subsequent to 1-6-2009, therefore, following the principle laid by the Andhra Pradesh High Court in the case of V. Suryanarayan Prabhakara Gupta (2011 (8) TMI 1245 - ANDHRA PRADESH HIGH COUR) and Alive Hospitality and Food Pvt. Ltd. v. Union of India & Others (2013 (8) TMI 474 - GUJARAT HIGH COURT) and for the above stated reasons we are of the considered view that the appellants are covered by the provisions of PMLA and as the respondent had jurisdiction under the provisions of PMLA, therefore, attachment proceedings initiated by him u/s 5 of the PMLA are valid proceedings and the appeals filed by the appellants cannot be allowed on this ground. In view of the foregoing, the challenge of the appellants to the impugned order dated 12th November, 2014 passed by the Adjudicating Authority in Original Complaint confirming provisional attachment Order fails and the appeals are dismissed.
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