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TMI Blog2022 (9) TMI 1492X X X X Extracts X X X X X X X X Extracts X X X X ..... annot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, unless it is so registered with the jurisdictional police and/or pending enquiry/trial including by way of criminal complaint before the competent forum. If the 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 money-laundering against him or any one claiming such property being the property linked to stated scheduled offence through him. In view of the aforesaid categorical pronouncement of the Supreme Court, the quash petition deserves to be allowed since the prosecution of the accused in the predicate offence has already been quashed by this court - petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... es of thwarting or delaying either the adjudication or the disbursement. This Court shall not permit the Company to henceforth turn the efforts initiated by the Hon'ble Supreme Court into a mockery. Hence, there shall be a direction to the learned Chief Metropolitan Magistrate, Egmore, Chennai to expedite the trial in C.C. No. 3876 of 2009 and complete the same, within six months from today. However, the pronouncement of the verdict in C.C. No. 3876 of 2009 shall be kept in abeyance, until further orders of this Court in view of the proposed adjudication. In addition to this, the following further directions are issued: a) The Hon'ble Mr. Justice S. Jagadeesan, Former Judge of the Madras High Court is required to adjudicate any claimants who may appear before him and determine the claim amount on convincing proof and evidence which may be placed before him in connection with the money circulation scheme floated by M/s. QUESTNET ENTERPRISES INDIA PRIVATE LIMITED, Chennai. b) Mr. B.S. Anandakumar and Ms. Kalarani, Inspectors of Police, CBCID, Metro Wing, Chennai, as well as the representatives of the petitioners' company, shall assist the Hon'ble Settlement Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k shall, without reference to the order passed by the learned Chief Judge, Small Causes Court, Chennai in Crl. M.P. No. 4715 of 2009 in Crl. O.P. No. 4 of 2009 dated 11.09.2009, shall felicitate honouring of such an instrument. j) It will also be open to the Hon'ble Settlement Commissioner to adjudicate claims from the legal heirs of such persons, in case of death of the claimants. k) The Hon'ble Commissioner shall be at liberty to take all decisions whatsoever for the effective implementation of the above order. 11. In view of the huge number of the claimants spread throughout the State of Tamilnadu, there might arise some practical impediments during the adjudication/disbursement process. Hence, the Registry is directed to post this matter on 30.11.2017 for receiving an interim report of the Hon'ble Settlement Commissioner seeking for any clarification, if need be." 3. Pursuant to the above, the Settlement Commissioner completed the work that was assigned to him and submitted a report to this court, based on which, the prosecution in C.C. No. 3876 of 2009 was quashed by this Court, by order dated 02.01.2020 in Crl. O.P. No. 30144 of 2019 and Crl. O.P. No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants are ready to make the aforesaid statement on payment of dues as directed by the High Court. This is acceptable to the petitioner as well. In these circumstances, we dispose of this petition with the following directions: a) All the claimants are directed to approach the High Court with the aforesaid request by filing affidavits stating that they have no objection in quashing the criminal proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned. b) On filing the affidavits the High Court shall quash the proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned. c) Till such time these affidavits are filed and the order of the quashing is passed by the High Court the amount shall not be disbursed and the amount shall be disbursed only after filing of the affidavits. d) The petitioner shall also be involved in the aforesaid process so that he is able to verify that only genuine persons have filed the affidavits and received the payments. The Special Leave Petition is disposed of accordingly. Pending application(s), if any, stands disposed of accordingly." 13. Drawing inference from the aforesaid decision and by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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