Case Law Details
Suresh Kumar Vs Union of India Through Directorate of Enforcement (Jharkhand High Court)
Since the applicant was partner of M/s. Bhanu Construction, a partnership firm and he was also very much aware in regard to the transfer of the alleged amount in the account of M/s. Bhanu Construction and the alleged amount was also laundered by applicant along with another partner Sanjay Tiwary, who was the authorized signatory of the firm on behalf of the applicant also.
In view of the statement of applicant under Section 50 of the Act, 2002, it cannot be denied that he was not involved in the alleged The applicant was not the dormant partner of the firm, rather he had actively participated on behalf of the firm in commission of the alleged offence being in direct contact with another partner Sanjay Kumar Tiwary. In view of the Section 25 of the Indian Partnership Act, 1932 every partner of a firm is jointly along with other partners and also severally liable for all acts of the firm done, while he is a partner. Therefore, even if the charge-sheet was not filed against the applicant in the scheduled offence in individual capacity; but substantially and materially the allegations are against M/s. Bhanu Construction firm and the authorized signatory Sanjay Kumar Tiwary against whom the charge-sheet was filed in the scheduled offence being in individual capacity also. But for the act of the firm both partners are liable and it cannot be accepted that the applicant Suresh Kumar was not involved in the alleged offence.
The Hon’ble Apex Court in the case of Parvathi Kollur & Anr. Vs. State By Directorate of Enforcement reported in 2022 Livelaw (SC) 688 has held that the prosecution under PMLA, 2002 not possible after the accused is acquitted in relation to the scheduled offence or is not charge-sheeted in the scheduled offence. The reliance was made on the landmark case of constitutional Bench of Hon’ble Apex Court in Vijay Madanlal Choudhary’s (supra) case
The applicant cannot be given benefit of the aforesaid case law of Hon’ble Apex Court. In the case in hand, though the charge-sheet was not filed in individual capacity against the applicant but all the allegations are against the M/s. Bhanu Construction, a partnership firm and the applicant is the partner of the said firm and he is jointly and severally liable for the act of the said firm.
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