RAKESH BRIJLAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application (for short "CRA") No.379 of 2016 challenges legality and validity of the impugned order dtd. 8/8/2014, issuing process passed by the learned Special Judge, Mumbai under the Prevention of Money Laundering Act, 2002 (for short "PMLA"), and seeks setting aside of the said order, principally on the ground that prima facie no offence whatsoever is made out under Ss. 406, 418, 420 read with 120B Indian Penal Code, 1860 (for short "IPC") from the complaint filed by Respondent No. 2, the FIR filed, the statement of witnesses recorded during investigation, the chargesheet filed by prosecution M.E.C.R No. 12 of 2009 and and Criminal Case No. 04. of 2014 filed in the Special Court.

(2.) By order dtd. 1/9/2016, this Court recorded statement of learned APP that the Prosecutor appearing before the Special Court and the Investigating Officer shall not proceed with the complaint before the Special Judge. Ad-interim order dtd. 1/9/2016 is being continued till date.

(3.) I have heard the learned Advocates for respective parties and Mr. Gul Achhra, Respondent No.2, appearing in person. At their joint request, I have finally heard the CRA considering that it is pending since the year 2016.