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TMI Blog2022 (10) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... undering Act, 2002 [Principal Sessions Judge], Chennai, the present petition has been filed. 2. The minimum facts that are required for deciding this quash petition are as under: 2.1. On a complaint given by the Deputy Manager, Union Bank of India, Nodal Regional Office, No.139, Broadway, Chennai, the Central Bureau of Investigation [CBI] registered a case in RC No.8/E/2008- CBI/BS&FC dated 25.09.2008 for the offences u/s.120-B r/w 420, 467, 468 and 471 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, against one R.Kannan, the then Chief Manager of Union Bank of India, Mount Road, Branch, Chennai and others including Anuraag Jain and Manjula. 2.2. The sum and substance of the allegation in the FIR is that, R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case is now ripe for trial. 4. Learned counsel for the petitioners placed two submissions before us, viz., (i) The Assistant Director is not competent to lay the impugned complaint as he has not been given special authorisation for the same. (ii)Section 420 IPC was not a scheduled offence under the PMLA when the case was registered by the CBI on 25.09.2008. 5. Mr.P.Sidharthan, learned Special Public Prosecutor [ED], refuted the aforesaid contentions. 6. Coming to the first submission, the answer lies in Sections 48 and 49 of the PMLA r/w Notification vide G.S.R.441(E), dated 01.07.2005 as amended by G.S.R.579(E), dated 29.08.2013, S.O.1275(E) dated 13th September 2005, issued by the Central Government and Order in F.No.6/14/2008-E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the criminal activity may have been committed before the same had been notified as scheduled offence for the purpose of the 2002 Act, but if a person has indulged in or continues to indulge directly or indirectly in dealing with proceeds of crime, derived or obtained from such criminal activity even after it has been notified as scheduled offence, may be liable to be prosecuted for offence of money-laundering under the 2002 Act - for continuing to possess or conceal the proceeds of crime (fully or in part) or retaining possession thereof or uses it in trenches until fully exhausted. The offence of money-laundering is not dependent on or linked to the date on which the scheduled offence or if we may say so the predicate offence has been c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss is necessary, the Public Prosecutor in the trial Court shall intimate the same to the trial Court and the trial Court could insist upon her presence for any particular hearing. For the rest of the hearing, the trial Court may entertain application u/s.317 Cr.P.C. liberally and dispense with her presence. 12. Manjula cannot claim prejudice for non-identification by any witness during trial. If Anuraag Jain and Manjula were not arrested and released on bail or if they are not on anticipatory bail, the trial Judge shall obtain a bond u/s.88 Cr.P.C. for Rs.25,000/- [Rupees twenty five thousand only] with two sureties each from them, if not already obtained. In the result, this Criminal Original Petition is dismissed with the above directio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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