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2023 (4) TMI 444 - KARNATAKA HIGH COURTMoney Laundering - proceeds of crime - scheduled/predicate offence - monetary limit involved in the offence of money laundering - crux of the case is under Part-B of the Schedule under which the total value should be Rs. 1/- crore or more for the offence of money laundering to be brought against any person - issue in the case at hand as projected by the learned counsel for the petitioner is that, the Legislature has consciously introduced minimum value by amending the definition from time to time - HELD THAT:- A charge sheet comes to be filed in C.C. No. 15987 of 2012 against the petitioner and several others on 08.06.2012. If the charge sheet is taken note of, it is for the offences punishable under Sections 120B, 465, 468, 471, 477(a), 409 and 34 of the IPC. The attachment orders attaching the properties of the petitioner is confirmed by the Adjudicating Authority on the ground that they are proceeds of crime. Cognizance is taken by the Special Court on a private complaint so filed by the ED in P.C.R. No. 25 of 2020. It is not only against the petitioner but, it is against 66 Officers and the total amount involved against all those Officers put together is Rs. 9,03,89,803/-. Summons was issued to the petitioner on 07-05-2018 and 13.08.2018 and his voluntary statements were recorded under Section 50(3) of the Act on two dates i.e., on 24-05-2018 and 17-09-2018. It is his own statement that he has received an amount of Rs. 1,05,66,288/-. Therefore, the contention that the charge sheet in the predicate offence alleges that the petitioner is involved only in an offence to which the proceeds of crime indicates that it is Rs. 46,46,225/-is unacceptable as on questioning the petitioner, he himself has given the details about all the immovable properties possessed by him and the amount received in terms of the table given by him was Rs. 1,05,66,288/-. Therefore, it is well within the amount stipulated under Section 2(y) of the Act - there is no warrant of interference at this juncture particularly, in the teeth of the fact that further investigation against all others is pending consideration. In the event, the petitioner would get absolved of the allegations in the charge sheet, it would be an altogether different circumstance. There need not be any interpretation of definition of 'scheduled offence' and its threshold limit. That situation is yet to come about. Petition dismissed.
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