Ramdas Choudhary vs Directorate Of Engorcement
2023 Latest Caselaw 12663 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      MCRC No. 34404 of 2023
                                       (RAMDAS CHOUDHARY AND OTHERS Vs DIRECTORATE OF ENGORCEMENT)

                           Dated : 07-08-2023
                                   Shri Sanjay Kumar Agrawal - Advocate for the petitioner.

                                   Shri Vikram Singh - Advocate for the respondent on advance notice.

Short grievance of the petitioner who is accused of an offence punishable under the Prevention of Money Laundering Act, 2002 (for short 'PML Act') is that the said prosecution is founded upon criminal trial under the Prevention of

Corruption Act, 1988 (for short 'PC Act') and since both the trials are pending adjudication before different Courts at Bhopal, possibility of conflicting views cannot be ruled out.

Shri Agrawal has relied upon judgment rendered by Single Bench of the High Court of Telangana in M/s Bharathi Cement Corporation Pvt. Ltd. vs. The Directorate of Enforcement & ors. (Criminal Revision No.87 of 2021) wherein Single Bench inter alia has held that since the prosecution under the PML Act emanates from scheduled offence under PC Act, the trial under PML Act ought to await the fate of trial under PC Act.

Counsel for the respondent is directed to seek instructions in the matter. Meanwhile petitioner shall not be forced to adduce his defence till the next date of hearing in the PML Act trial.

List for admission in the next week.

                              (SHEEL NAGU)                                 (AMAR NATH (KESHARWANI))
                                  JUDGE                                             JUDGE

                           anand


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Signed by: ANAND KRISHNA
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Signing time: 8/10/2023
10:56:06 AM