Allowed

Murali Krishna Chakrala v. the Deputy Director

Madras HC23 Nov 2022CRL RC/1354/2022

Case brief

AI extract

What is this about?

Criminal revision challenging discharge dismissal. Court allowed revision, setting aside impugned order. Held that CA issuing Form 15CB cannot be prosecuted as prosecution witness should examine remittance nature but not document genuineness. Petitioner discharged from prosecution with liberty to be called as prosecution witness.

What did the court decide?

The order dated 26.08.2022 dismissing the discharge petition is set aside and the petitioner is discharged from prosecution.

Murali Krishna Chakrala Vs the Deputy Director — Money Laundering | Madras HC (2022)

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Crl.R.C.No.1354 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.11.2022

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Coram

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

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Criminal Revision Case No.1354 of 2022 and

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Crl.M.P.No.14792 of 2022

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Murali Krishna Chakrala S/o.Muniram Prasad Chakrala ... Petitioner

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Vs.

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The Deputy Director, Directorate of Enforcement, (The Prevention of Money Laundering Act, 2002) Ministry of Finance, Department of Revenue, 2^nd & 3^rd Floor, C Block, Murugesan Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai – 600 006. ... Respondent

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Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure praying to call for the records relating to the proceedings made in Crl.M.P.No.2864 of 2022 in Spl.C.C.No.07 of 2021 dated 26.08.2022 on the file of XII Additional Special Court for CBI cases at Chennai and set aside the same.

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For Petitioner	:	Mr.Nithyaesh Natraj,
		and Mr.Vaibhav R. Venkatesh assisted by Mr.S.Ravi for M/s.Sri Law Associates
For Respondent	:	Mr.N.Ramesh Special Public Prosecutor [ED] *****

Q.No.6	You have shown the five certificates in Form-15CB issued in favour of M/s.B.K. Electro Tool Products, having office address at New No.18/1, Balaya Avenue, Luz, Mylapore, Chennai 600 004 and I have put my signature in all the Form-15 CB as an acknowledgment of having seen. Please provide the contact no. of person who approached to issue these certificates?
A.No.6	Mr. Kiyam Mohammed, who is having office at Chepauk. He is my client in the matter of filing VAT returns for approximately 10 months in 2013 for his entity M/s. Copy Care with a distinct VAT registration number TIN 33890662791 and with CST registration no.962289 dated 11.12.2012. He is available in the mobile number 98411 03340, 95 51 602393, 97102 41733, 99624 98086
Q.No.7	How much fee/service charge that the client has paid you for the issue of the said five certificates mentioned above and what is the mode of payment?
A.No.7	Approximately Rs.800/- to Rs.1,000/- per certificate the client has paid me for the issue of certificate in CASH.
Q.No.8	What kind of record or register you maintain for issue of certificate in Form-15CB?
A.No.8	I have not maintained any record or register.
Q.No.9	You are shown the copy of the Enforcement Case Information Report (ECIR) No.ECIR/CEZO/05/2017 dated 01.04.2017. Out of 8 business entities, shown as suspected persons at Column No.5 of the ECIR, how many suspected persons/business entities, you have issued the certificate in Form 15 CB?

A.No.9	I have seen the copy of the No. ECIR/CEZO/05/2017 dated 01.04.2017 and put my signature as a token of having seen the document. After going through the names appearing in the column No.5, I could remember that I issued the certificate in Form 15CB to M/s. Metal Tradus and M/s. Horizon Trading, apart from M/s. B.K. Electro Tools Products at the request of Mr. Kiyam Mohammed whose details is given in reply to Question No.6.
Q.No.10	You are shown the copy of the Enforcement Case Information Report (ECIR) No.ECIR/CEZO/13/2017 dated 29.09.2017. Out of 57 business entities, shown as suspected persons, at Column No.5 of the ECIR, how many suspected persons/business entities, you have issued the certificate in Form 15CB?
A.No.10	I have seen the copy of the No.ECIR/CEZO/13/2017 dated 29.09.2017 and put my signature as a token of having seen the document. After going through the names appearing in the column No.5, I could remember that I issued the certificate in Form 15CB to M/s.Geo Visits Tours & Travels, M/s. Neo Space Trading, M/s. Premier Solutions at the request of Mr. Kiyam Mohammed whose details is given in reply to Question No.6.
Q.No.11	Do you have any documents in the matter of identifying Mr.Kiyam Mohammed ?
A.No.11	Yes, I have the following documents for the purpose of identifying Mr.Kiyam Mohammed.

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