Amit Chandole Vs Directorate of Enforcement (Bombay High Court)
Bombay High Court held that that the stage which has been contemplated under Section 44(1)(c) of the Prevention of Money Laundering Act, 2002 [PMLA, 2002] will be after the jurisdictional Court has taken cognizance of the scheduled offences.
Facts- The impugned Order dated 18th July 2022 has been passed by the Additional Chief Metropolitan Magistrate in application filed by Prosecution For Directorate Of Enforcement for committal of the said proceedings before the PMLA Special Court at Mumbai. Notably, the Additional Chief Metropolitan Magistrate by said impugned Order dated 18th July 2022 committed the said case to the PMLA Special Court. The said Order is challenged in Criminal Writ Petition.
Conclusion- Held that it is very clear that the stage of committal will be only after the jurisdictional Court takes cognizance of the scheduled offence. Thus, it is clear that the stage which has been contemplated under Section 44(1)(c) of the PMLA, 2002 will be after the jurisdictional Court has taken cognizance of the scheduled offences. The said stage will come if the learned Additional Chief Metropolitan Magistrate by rejecting the C-Summary Report takes cognizance of the offence and issues process. Accordingly, both the Writ Petitions are disposed of.
