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2023 (1) TMI 808

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..... ated 23.06.2022, dismissing the petition filed for discharging the petitioner/A13 from all charges. 2. The respondent has filed a complaint u/s.45(1) r/w Sections 3 and 4 and Section 8(5) of the Prevention of Money Laundering Act, 2002 [hereinafter referred to as "PMLA"] against 15 accused persons. A13 is a company named M/s.More Max Limited represented by its Director Shri.Mahendra Singh Solanki. According to the petitioner, he is not the Director of the said company and the same is evident from the very complaint that was filed by the respondent. The further case of the petitioner is that the entire allegation regarding the acquisition and concealment of proceeds of crime was made against M/s.More Max Limited and this entity was projecti .....

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..... questions under Section 313 Cr.P.C., etc. Of course, the human agent appointed for the Corporation cannot be personally convicted and sentenced for the offence committed by the Corporation. Obviously, a sentence of imprisonment cannot be awarded to a juristic preson and only fine can be imposed. Therefore, it is open to Gayathri Chits (A-1) and Selvam Finance (A-2) to appoint anyone including one of the accused, namely A-3 to A-10 to represent them in the prosecution. If no arrangement is made by Gayathri Chits (A-1) and Selvam Finance (A-2), then they will have to suffer the consequences and cannot plead prejudice at a later point of time. Hence, liberty is given to Gayathri Chits (A-1) and Selvam Finance (A-2) to appoint anyone to repres .....

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..... ntity will hereafter be represented by me and I will participate in the above calendar case for myself as the 12th Accused and the representative of the 13th Accused and all statements, depositions and material evidences adduced on behalf of the prosecution, and defences projected qua the 13th Accused will be binding on me as a representative of the 13th Accused. It is therefore pray that this Hon'ble Court may be pleased to delete the name of Shri.Mahendra Singh Solanki, S/o.Gordhan Singh Solanki, and instead include the name of Raju R.Patwa, S/o.Ramlal M.Patwa, as the representative of the 13th Accused entity viz. M/s.More Max Ltd, Hong Kong in the aforesaid C.C.No.58 of 2016 pending on the file of the Hon'ble Principal Sessions .....

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