TMI Blog2022 (12) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... taining Form 15CB for transferring monies from State Bank of Travancore, Mount Road Branch. A reading of paragraph Nos.81 and 143 of the impugned complaint, which have been extracted supra, shows that Murali Krishna Chakrala had issued five numbers of Form 15CB in favour of B.K.Electro Tool Products, which were handed over by him to his client Kiyam Mohammed [A7] for which, a sum of Rs.1,000/- per certificate was given to him as remuneration. Even on a demurrer, on a perusal of Form 15CB, we find that a Chartered Accountant is required to only examine the nature of the remittance and nothing more. The Chartered Accountant is not required to go into the genuineness or otherwise of the documents submitted by his clients. This could be compared with the legal opinion that are normally given by panel lawyers of banks, after scrutinizing title documents without going into their genuinity. A Panel Advocate, who has no means to go into the genuinity of title deeds and who gives an opinion based on such title deeds, cannot be prosecuted along with the principal offender. Applying the same anomaly, we find that the prosecution of Murali Krishna Chakrala, in the facts and circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investigation, more and more skeletons started coming out of the cupboard. 2.5. Suffice it to say that in this case, we are concerned only with the monies sent abroad by one entity viz., B.K.Electro Tool Products. Initial investigation by the Enforcement Directorate qua B.K.Electro Tool Products revealed that this entity was started in the name of Kannan, who was merely a name lender and had no means to do any business. However, current accounts were opened in the name of B.K.Electro Tool Products in seven banks, but, in all the applications submitted to the bank, the photograph of Kannan was not affixed, but that of one S.R.Kavin Sidhaarth @ R.Senthil Kumar. When Kannan was confronted with this, he stated that he does not know the person in the photograph and therefore, the Enforcement Directorate went about tracing the person whose photographs were affixed in the account opening forms. This led the Enforcement Directorate to Kavin Sidhaarth @ Senthil Kumar, who was masquerading as Kannan and accordingly, Kavin Sidhaarth @ Senthil Kumar (A1) was arrested by the Enforcement Directorate. This further led the Enforcement Directorate to other accused viz., Kannan (A2), Thamim Ans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Chakrala approached this Court in Crl.O.P.No.9047 of 2022 for quashing the prosecution in Spl.C.C.No.7 of 2021. However, the said petition has been dismissed as withdrawn on 21.04.2022, with liberty to raise all the points before the trial Court. 2.12. Thereafter, Murali Krishna Chakrala filed a discharge petition in Crl.M.P.No.2684 of 2022 in Spl.C.C.No.7 of 2021, which has been dismissed by the trial Court on 26.08.2022, aggrieved by which, the present revision petition has been filed. 3. Heard Mr. Nithyaesh Natraj, learned counsel, representing Mr. S.Ravi, learned counsel for Murali Krishna Chakrala [petitioner herein] and Mr. N.Ramesh, learned Special Public Prosecutor for the Enforcement Directorate. 4. The Enforcement Directorate has filed a detailed counter affidavit dated 09.11.2022 justifying the prosecution of Murali Krishna Chakrala and contending that there are prima facie materials against him for the trial to proceed further. The essence of the counter affidavit has been set out in paragraph Nos.4 and 5, which read as under: 4. It is submitted that the averments contained in the criminal revision petition are not true and denied in toto. It is further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r.Nithyaesh Natraj, learned counsel, took us through the statement of Murali Krishna Chakrala that was given by him under Section 50 of the PML Act as well the averments in the complaint and submitted that if not for Murali Krishna Chakrala, the involvement of Kiyam Mohammed (A7) and Abdul Haleem (A8) would have never come to light and that Murali Krishna Chakrala had, in the course of his professional duties, given five numbers of Form 15CB, after scrutinizing the documents that were presented to him by Kiyam Mohammed (A7). Murali Krishna Chakrala did not have any reason to suspect the genuineness of the import documents. Therefore, it is seen that the petitioner has neither directly or indirectly participated in the generation of proceeds of crime in any manner whatsoever. 6. Mr.Nithyaesh Natraj, learned counsel, further contended that Form 15CB for making overseas payment towards import is not required even under the law and that is why, except the State Bank of Travancore, all the other nationalised banks had transferred the funds based on the import documents without insisting upon a Form 15CB from a Chartered Accountant. Had Murali Krishna Chakrala been a part of the consp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Form 15CB to M/s. Metal Tradus and M/s. Horizon Trading, apart from M/s. B.K. Electro Tools Products at the request of Mr. Kiyam Mohammed whose details is given in reply to Question No.6. Q.No.10 You are shown the copy of the Enforcement Case Information Report (ECIR) No.ECIR/CEZO/13/2017 dated 29.09.2017. Out of 57 business entities, shown as suspected persons, at Column No.5 of the ECIR, how many suspected persons/business entities, you have issued the certificate in Form 15CB? A.No.10 I have seen the copy of the No.ECIR/CEZO/13/2017 dated 29.09.2017 and put my signature as a token of having seen the document. After going through the names appearing in the column No.5, I could remember that I issued the certificate in Form 15CB to M/s.Geo Visits Tours Travels, M/s. Neo Space Trading, M/s. Premier Solutions at the request of Mr. Kiyam Mohammed whose details is given in reply to Question No.6. Q.No.11 Do you have any documents in the matter of identifying Mr.Kiyam Mohammed ? A.No.11 Yes, I have the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us and handed over the same to A-7. 9. The submission of Mr.Nithyaesh Natraj, learned counsel, that mere issuance of five numbers of Form 15CB at the request of Kiyam Mohammed [A7], would not, by itself, bring Murali Krishna Chakrala into the net of conspiracy to indulge in money laundering, merits acceptance. It is clear that he had merely received Rs.1,000/- for a certificate without anything more. That apart, he had helped the Enforcement Directorate to identify Kiyam Mohammed [A7], who was the mastermind of the whole operation and therefore, Murali Krishna Chakrala would be the best witness for linking A1 to A5 with A7 and A8. 10. As regards the requirements for submission of Form 15CB, we find from the records that only the State Bank of Travancore had insisted upon the said certificates and not the other six banks through which, foreign remittances were made by Kiyam Mohammed [A7] and Abdul Haleem [A8]. The complaint and the accompanying background show that Abdul Haleem [A8] had operated the bank accounts and Kiyam Mohammed [A7] had facilitated the opening of the bank account and preparation of various documents by availing the services of various persons including M ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
