The Deputy Director Directorate Of Enforcement v. Shri Ravi @ Kadhukutthu Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN The Deputy Director, Directorate of Enforcement, Ministry of Finance, Department of Revenue, II & III Floor, 'C' Block, Murugesa Naicker Office Complex, No.84, Greams Road, Chennai - 600 006.

.. Appellant Vs.

Shri Ravi @ Kadhukutthu Ravi, S/o.Shri.Ramasamy, No.5, Sai Baba Garden, Akkarai Village, Sozhinganallur, Chennai - 600 119.

.. Respondent Prayer: Appeal filed under Section 378 of Cr.P.C., praying to set aside the impugned judgment dated 18.04.2023 of the Principal Sessions Judge at Chennai in C.C.No.17 of 2015, convict the accused / respondent herein for the said offence by sentencing him to maximum imprisonment, to pass the orders to confiscate the properties involved in Money Laundering in terms of Sub-Section (5) of Section 8 of PMLA and to impose fine.

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For Appellant : Mr.AR.L.Sundaresan Additional Solicitor General of India For Respondent : Mr.S.Rajasekar for Mr.Ashutosh Potharaju

J U D G M E N T

(Judgment of the Court was made by M.S.RAMESH, J.) As against the order of the Special Court, acquitting the respondent herein from the Special Case under the PML Act, the present criminal appeal has been filed.

2.At the time when the judgment of acquittal has been passed by the Special Court, the predicate offences against the respondent herein in Sessions Case No.273 of 2019 on the file of the XIX Additional City Civil Court, Chennai, for the offences under Section 120(B), 147, 109 r/w 302, 214 and 506(ii) of the Indian Penal Code, was pending. 3.Pending the present appeal, the Special Court had acquitted the respondent herein from the predicate offences through judgment dated 28.04.2025, passed in S.C.No.273 of 2019. In view of this acquittal, the appellant herein may not be entitled to proceed with the present appeal in view of the decision of the Hon'ble Supreme Court in Vijay Madanlal 2/5

Choudhary Vs. Union of India, [2022 SCC Online SC 929], wherein it has been held that when a person is finally discharged / acquitted of the scheduled offence or the criminal case against him is quashed by the Court of competent jurisdiction, there can be no offence of moneylaundering against him or any one claiming such property being the property linked to stated scheduled offence through him. 4.In the light of the above finding, the appellant may not be legally entitled to proceed with the appeal and accordingly, this Criminal Appeal stands closed.

5.At this juncture, learned Additional Solicitor General of India submitted that in case the prosecution files an appeal against the judgment of acquittal passed in S.C.No.273 of 2019 and they succeed, liberty may be granted to them for reviving the present appeal. 6.In consideration of such a request, we hereby order that in case any appeal is filed by the prosecution against the predicate offences and they succeed, liberty is hereby granted to the appellant for filing an application to revive the present appeal, within thirty (30) days from the 3/5

date of such judgment, if they choose to do so. 7.With the above liberty, this Criminal Appeal stands dismissed. (M.S.R., J) (V.L.N., J) 12.06.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Principal Sessions Judge, Principal Sessions Court, Chennai.

2.The XIX Additional City Civil Judge, XIX Additional City Civil Court, Chennai.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

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V.LAKSHMINARAYANAN, J.

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