SC held that a complaint under Section 44(1)(b) of PMLA is ...

Legal Challenge: PMLA Complaint Dismissed Due to Procedural Violation of Accused's Right to Be Heard Under Section 223(1)

May 30, 2025

Case Laws Money Laundering SC

SC held that a complaint under Section 44(1)(b) of PMLA is governed by CrPC Sections 200-204, with Sections 223-226 also applicable. In the instant case, the Special Judge failed to provide the appellant an opportunity to be heard before taking cognizance of the offense. Consequently, the impugned order dated 20th April 2024 was set aside due to non-compliance with Section 223(1) of BNSS. The appellate court allowed the appeal, emphasizing procedural fairness and the mandatory requirement of hearing the accused prior to cognizance.

View Source

← Previous Next →

SC held that a complaint under Section 44(1)(b) of PMLA is ...

Legal Challenge: PMLA Complaint Dismissed Due to Procedural Violation of Accused's Right to Be Heard Under Section 223(1)

May 30, 2025

Case Laws Money Laundering SC

You may also like:

SC held that an accused under PMLA has critical documentary rights across different legal stages. At cognizance, the accused is entitled to copies of complaint documents...

Cognizance of money laundering offense by Trial Court valid despite ongoing investigation. Retrospective applicability of Explanation-II to Section 44(1)(b) PMLA upheld....

NCLAT dismissed the appeal challenging a procedural order related to a company petition. The tribunal held that the impugned order did not dilute any party's rights and...

HC dismissed petition challenging Income Tax Department's inquiry into alleged illegal cash transactions. Petitioner failed to establish violation of fundamental or...

The HC dismissed a petition challenging the petitioner's detention under the Prevention of Money Laundering Act (PMLA). The petitioner alleged procedural violations in...

The Delhi High Court considered a bail application in a money laundering case involving a predicate offence. The delay in trial was a key issue. The court emphasized...

HC analyzed the interpretation of "nearest Magistrate" in money laundering arrest procedures. The court held that production before the jurisdictional Magistrate within...

The Appellate Tribunal dismissed the appeal, upholding the Provisional Attachment Order (PAO) under the Prevention of Money Laundering Act (PMLA). The court held that...

AT ruled against Bank's challenge to property attachment under Prevention of Money Laundering Act (PMLA). Despite Bank's prior mortgage rights and claim as fraud victim,...

In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime...

HC dismissed the writ petition challenging criminal complaints under Section 177 IPC and Section 132 Customs Act related to misdeclaration of pesticides. The court held...

Arrest order challenged u/s 19(3) of Prevention of Money Laundering Act (PMLA), 2002. Court held PMLA prevails as special enactment over general law. Section 65 allows...

The High Court dismissed the petition challenging the complaint filed under the Prevention of Money Laundering Act (PMLA) for customs duty evasion. The court held that...

HC dismisses writ petition challenging voting rights restrictions in bar association elections. The court held that the Kolhapur District Bar Association is not a...

SC analyzed the duration of property attachment under PMLA Section 8(3), focusing on the applicability of legal provisions before and after amendment. The Court held...

Quick Updates: