MADHUR MITTAL Vs. DIRECTORATE OF ENFORCEMENT GURGAON

JUDGEMENT

(1.) The instant petition has been preferred by the petitioners under Sec. 482 of the Cr.P.C seeking quashing of the complaint No. ECIR/GNZO/18/2023 under Sec. 3 and 4 of the Prevention of Money Laundering Act 2002 (hereinafter referred to as 'PMLA, 2002') registered by the respondents along with subsequent proceedings arising therefrom.

(2.) The facts in brief are that the petitioners happens to be the Directors of M/s Triveni Infrastructure Company Limited (TIDCO) and other group companies, on account of the alleged non delivery of the property comprising of units/plots/flats, 21 FIR's were registered against them, out of which 4 FIR's were lodged in Delhi and 17 FIR's in Faridabad. The main ECIR had been registered on the basis of the aforesaid FIR's which had been allegedly got registered by the Creditors of the Company which is under liquidation under the ages of Hon'ble Delhi High Court. Out of these, 3 FIR's at Delhi have already been quashed while in the 4th FIR, the charges have been framed for offences under Sec. 406 read with Sec. 120-B IPC which is "a non scheduled offence". It is evered that no scheduled offence/predicate offence subsist or survive as on today against the petitioners, therefore, the proceedings under PMLA, 2002, cannot sustaine and on this basis quashing of the proceedings thereunder has been sought.

(3.) Arguments advanced by both the sides have been heard.