TMI Blog2023 (1) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... P.N.Prakash And Honourable Mr. Justice N.Anand Venkatesh For the Petitioner : Mr.B.Sathish Sundar For the Respondent : Mr.N.Ramesh Special Public Prosecutor [ED] ORDER N.ANAND VENKATESH, J. This criminal revision petition has been filed against the order passed by the learned Principal Sessions Judge [designated Court for PMLA cases), Chennai, in Crl.M.P.No.7196 of 2018 in C.C.No.58 of 2016, dated 23.06.2022, dismissing the petition filed for discharging the petitioner/A13 from all charges. 2. The respondent has filed a complaint u/s.45(1) r/w Sections 3 and 4 and Section 8(5) of the Prevention of Money Laundering Act, 2002 [hereinafter referred to as PMLA ] against 15 accused persons. A13 is a company named M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder: 11. It is not the duty of the prosecution nor the Court to nominate the person to represent Gayathri Chits (A-1) and Selvam Finance (A-2). Section 305 Cr.P.C., clearly states that the accused Corporation may appoint a representative for the purpose of the inquiry or trial. Dictates of common sense demands that some human being must represent A-1 and A-2 to answer the charges, engage an advocate to defend them and answer the questions under Section 313 Cr.P.C., etc. Of course, the human agent appointed for the Corporation cannot be personally convicted and sentenced for the offence committed by the Corporation. Obviously, a sentence of imprisonment cannot be awarded to a juristic preson and only fine can be imposed. Therefore, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ki, and show my name as the representative of the 13th accused in the array of the Accused facing a charge under section 3, punishable under section 4 of the PMLA, 2002 and section 8(5) of the said Act in the complaint registered before the Trial Court under section 45 of the said Act. I further undertake to furnish appropriate affidavit before the Trial Court in support of my submissions. 5) I state and submit that the 13th Accused entity will hereafter be represented by me and I will participate in the above calendar case for myself as the 12th Accused and the representative of the 13th Accused and all statements, depositions and material evidences adduced on behalf of the prosecution, and defences projected qua the 13th Accused will b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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