TMI Blog2019 (5) TMI 474X X X X Extracts X X X X X X X X Extracts X X X X ..... av, Advocate For the Respondent : Shri Vikas Garg, Advocate JUDGEMENT FPA-PMLA-979/LKW/2015 MP-PMLA-1834/LKW/2015 (Stay) 1. In the present appeal, the appellant has challenged both order dated 15.1.2015 (PAO) and its confirmation order. The Provisional Attachment Order in the present matter was passed by the Adjudicating Authority on 15.01.2015 under Section 5(1) of the Prevention of Money Laundering Act, 2002. 2. The same was confirmed by the impugned order under the instant appeal is dated 01.06.2015 passed by the Adjudicating Authority. 3. The Appellant is an Engineer by Profession (Bachelor of Engineering) and on the date of filing of an appeal, he was Specialist in an MNC of repute M/s S.T. Micro electronics Pvt. Ltd. on an annual package of ₹ 22,92,220/- (Rupees Twenty Two Lakhs Ninety Two Thousand Two Hundred and Twenty Only). 4. It is stated by the appellant that in the year 2004, the Appellant started his regular employment career as an Associate Design Engineer in M/s S.T. Microelectronics Pvt. Ltd. on an annual package of ₹ 4,35,895/- and the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of ₹ 2.94 crores as paid in excess of the value of the computers and peripherals supplied. 9. On conclusion of investigation, charge sheet was filed by CBI for the offences under Section 120 B/409/420 of the Indian Penal Code and 13(1)(d) and 13(2) of the PC Act on 04.04.2012 against G.K. Batra, Neeraj Upadhyay and Virender Goyal. The said fact has not been disputed on behalf of the appellant. 10. The allegation against the Appellant is that he was the recipient of some money by way of transfer in his bank account which was part of the alleged embezzled funds by his father. The Appellant had used this money to acquire a flat No. 03141 ATS Township Pvt. Ltd., Sector no. 104, Noida, therefore, flat is being alleged to be acquired out of proceeds of crime and is ordered to be attached by the Adjudicating Authority vide order dated 01.06.2015. 11. On behalf of appellant, it is denied the stand of the respondent. It is alleged that the property bearing number 43.5 Ashok Nagar was purchased in the year 2002 and at the time of sale of two floors of the said property the valuation of both these floors as per Government Approved Valuer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loors of property bearing 43/5 Ashok Nagar and the cheques received thereof are duly reflected in the Sale Deeds Registered at the office of Sub Registrar which are executed in favour of Virender Goyal and Neeraj Upadhyay. There is nothing available on record to show that this amount of ₹ 88 lakhs is part of commission of 2.94 crore benefit as alleged by the CBI. It was mere allegation against the appellant. It is not the case of the respondent that two properties were not sold. As a matter of fact, sale is duly registered. The payment was received by cheques. The details are mentioned in the sale deed. 15. It is undisputed fact that Shri G.K. Batra who was charge sheeted expired on 16.08.2012. He was the father of the appellant. Now the issue is to whether any proceedings against the appellant survived once his father was not convicted under any offence. It is not denied by the respondent that his father expired before competition of trial and final order. He was not convicted accused when expired. 16. Similar issue has been decided by the Hon‟ble Supreme Court in the matter of U. Subhadramma Ors. Vs. State of Andhra Prade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitted any scheduled offence or has procured any money or property thereby. Sub- Section (2) requires the District Judge to issue a notice, presumably at the address where the person ordinarily resides or carries on business (vide Section 3) along with copies of the order and the application etc. Section 5 provides for an investigation of objections to the attachment who have been served with notices under Section 4. Sub-Section (3) empowers the District Judge to pass an order making the ad interim order of attachment absolute or varying it by releasing a portion of the property or withdrawing the order. 8. Section 13 requires the Government to inform the District Judge about the status of the criminal proceedings. It requires the Government to furnish the District Judge with a copy of the judgment or order of the trial court and with copies of the judgment or orders, if any, of the appellate or revisional court thereon. Sub-section 2 mandates that the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence if (a) cognizance of alleged scheduled offence has not been taken or (b) where the final judgment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e prosecution. Further, finding recorded by the learned Single Judge of the High Court that Appellant No.1 alone had committed the offence and nor Appellant No.2, must be taken to have misappropriated the said amount is perverse: A criminal trial is not like a fairy tale wherein one is free to give flight to one s imagination and phantasy. It concerns itself with the question as to whether the accused arraigned at the trial is guilty of the crime with which he is charged. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worthy and the animus of witness. 11. The facts involved herein did not warrant presumption of commission of offence by Appellant No.1 and thus the findings recorded by the courts below are not tenable. 12. In fact, we find that the learned District Judge could not have proceeded with the attachment proceedings at all since the attachment proceedings were initiated by the State against Ramachandraiah under Section 3 of the Criminal Law Amendment Ordinance, 1944, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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