LAWS(KAR)-2025-3-122

R. M. MANJUNATH GOWDA Vs. DIRECTORATE OF ENFORCEMENT

Decided On March 22, 2025
R. M. Manjunath Gowda Appellant
V/S
DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) The challenge in this appeal is to an order dtd. 20/2/2024 passed by the learned Single Judge in WP No.22780/2023 with a further prayer to grant the prayers made in the writ petition. The prayers made in WP No.22780/2023 are the following:

(2.) Some of the facts to be noted for the purpose of decision in this appeal are, the appellant herein was the Chairman of Shivamogga DCC Bank for a period of 23 years from 1997 to 2020. An FIR in Crime No.325/2014 was registered by Doddapete Police Station, Shivamogga and a charge sheet dtd. 18/10/2014 was filed alleging offences punishable under Ss. 409, 120B, 201 read with Sec. 37 of IPC. The Court took cognizance and registered CC No.1849/2014 which was later renumbered as CC No.2775/2019 for the offences punishable under Ss. 409, 201, 120B read with Sec. 37 of IPC. In this case, the appellant was not arraigned as an accused. Subsequently, on a further investigation under Sec. 173(8) of Cr.PC, a charge sheet was filed against the appellant in CC No.2775/2021 for the offences punishable under Ss. 409 and 202 read with Sec. 36 of IPC. That apart, a case in Crime No.4/2014 dtd. 29/5/2014 was registered against the appellant for the offences under Ss. 13(i)(e) read with 13(ii) of the Prevention of Corruption Act, 1988 (' PC Act ' for short) and a charge sheet dtd. 20/3/2018 was filed.

(3.) The case of the appellant before the learned Single Judge was that, there was no scheduled offence against the appellant which could form the basis of initiating proceedings under the Prevention of Money Laundering Act, 2002 ('PMLA' for short). Though the appellant was arraigned as accused No.15 in Crime No.325/2014, his name was dropped and thereafter an additional charge sheet was filed on 30/7/2021 in Crime No.325/2014 alleging commission of offences under Ss. 409, 202 read with Sec. 36 of IPC which are not the offences mentioned in paragraph No.1 of Part-A of the Schedule to the PMLA. It was also the case of the appellant that offence under Sec. 13(i)(e) of the PC Act is not a schedule offence under the PMLA unless there is an allegation under Ss. 13(i)(a) to (d) of the PC Act .