SHIBAMOY DUTTA AND ORS. Vs. MANOJ KUMAR

JUDGEMENT

(1.) This Revisional application is directed against the proceedings of M.L. Case No. 3 of 2015 of the Court of Learned Chief Judge, City Sessions Court, Calcutta in which cognizance was taken by the Ld. Judge of the offence punishable under Sec. 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the 'PMLA'). The petitioner No. 1 is the Managing Director and the petitioner No. 3 was the Company Secretary of the Company named and styled as "Rose Valley Real Estates Construction Ltd.", while the petitioner No. 2 is a Trustee for the Company's debentures.

(2.) The background of the matter is that on the basis of a letter of complaint issued by SEBI dated 26th June 2013 in favour of the ED (opposite party authority), the said authority registered ECIR No. KLZO/02/2014 dated 27.2.2014 therein alleging commission of offences by Rose Valley Real Estates Construction Ltd. and its officers punishable under Sec. 24 of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as 'SEBI Act) for which it was alleged that the said offending company and its Directors/Office -bearers had committed the offence in terms of Sec. 3 of the PMLA, 2002.

(3.) The petitioners were summoned during the course of investigation conducted by the opposite party/authority in connection with ECIR No. KLZO/02/2014 dated 27.2.2014. They claim to have duly appeared before the authority on various occasions. However on 02.04.2015 the complaint was filed by the opposite party before the Learned Chief Judge (in -charge), City Sessions Court, Calcutta, (which is also the designated Special Court), therein alleging commission of the offence of 'money laundering' punishable under Ss. 3/4 the PMLA, 2002 by Rose Valley Real Estates Construction Ltd., Gautam Kundu, and the petitioners herein. The complaint was registered as M.L. No. 3 of 2015. Along with the petition of complaint, the Investigating Officer had also filed a petition for issuance of process against the accused persons.