- 1 - NC: 2025:KHC:6221-DB MSA No. 93 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH MISCELLANEOUS SECOND APPEAL NO. 93 OF 2018 (-) BETWEEN: THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, 3RD FLOOR, B BLOCK, BMTC, SHANTINAGAR-TTMC, KH ROAD, SHANTINAGAR, BANGALORE-560 027. …APPELLANT (BY SRI. JAYAKARASHETTY .H, ADVOCATE) AND: SRI. MALLIKARJUN, MAJOR, S/O SRI. PANDARI, R/AT NO.1/142, LAKSHMI NIVAS DODLA HOUSE, BIJAPUR-HYDERABAD MAIN ROAD, NEAR TAHSILDAR OFFICE, GURMITKAL-595 214 YADGIRI DISTRICT, KARNATAKA. …RESPONDENT (BY SRI. T.R. SAMPATH KUMAR, ADVOCATE FOR SRI. CHIDANANDA URS B.G., ADVOCATE) THIS MSA IS FILED UNDER SECTION 42 OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.06.2018 PASSED BY THE HON’BLE APPELLATE TRIBUNAL (THE PREVENTION OF MONEY LAUNDERING ACT), NEW DELHI, IN FPA-PMLA- Digitally signed by PRAJWAL A Location: High Court of Karnataka - 2 - NC: 2025:KHC:6221-DB MSA No. 93 of 2018 1497/BNG/ 2016, AND CONSEQUENTLY AFFIRM AND UPHOLD THE CONFIRMATION OF THE ADJUDICATING AUTHORITY PASSED ON 19.08.2016 TO GRANT SUCH OTHER RELIEFS TO THE APPELLANT. IA No.1/2024 IS FILED UNDER SECTION 5 OF THE LIMITATION ACT PRAYING TO CONDONE THE DELAY OF 512 DAYS IN FILING THIS APPEAL. THIS APPEAL COMING ON FOR ORDERS ALONG WITH IA NO.1/2024 AND IA NO.2/2024 THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT Mr.H.Jayakara Shetty, learned counsel appearing for the appellant states, he has filed a memo dated 02.12.2024, which reads as under: “That it is submitted that in all the above mentioned appeals, the appellants have challenged the orders passed by the appellate tribunal allowing the appeals fled by the respondents on the ground that respondents have been acquitted in the schedule offence by the special court and now in view of the law laid down by the Hon'ble Supreme Court in Vijay Madanlal Choudhary and others case, particularly in Para 187(d) of the said judgment it has been observed that “If the person is finally discharged/acquitted of the schedule offence or criminal case against him is quashed - 3 - NC: 2025:KHC:6221-DB MSA No. 93 of 2018 by the court of competent jurisdiction, there can be no offence of Money Laundering against him or any one claiming such property being property linked to stated schedule offence through him". And now, the State Government has filed Crl.Appeal No.200155/2018 against the order of acquittal passed in Spl.Case No.6/2014 by the Special Court, before the Hon'ble High Court at Kalaburagi Bench in which appeal the notice was issued on 29-2-2024 and which is now pending consideration. That in view of the Judgment of the Hon'ble Supreme Court stated above, now, the appellant-department is filing this Memo praying to dispose of these appeals granting liberty to the appellants to seek for restoration of the above appeals in the event the acquittal order dated 6-4- 2017 made in Spl. Case No.6/2014 passed by the Special Court is being reversed in the criminal appeal No.200155/2018 pending before the Hon'ble High Court at Kalaburagi Bench. Therefore, it is prayed that this Hon'ble Court may be pleased to dispose of the above appeals granting liberty sought for in the memo, in the interest of justice.” 2. According to him, the reference made to Crl.A.No.200155/2018 filed by the State of Karnataka has since been decided, in as much as the appeal has been dismissed vide order dated 20.01.2025, by the Kalaburagi Bench of this - 4 - NC: 2025:KHC:6221-DB MSA No. 93 of 2018 Court. He has placed a copy of the order before this Court, which is taken on record. 3. We find that this appeal has been dismissed for non-compliance of the office objections, as per the order dated 17.10.2022. According to Mr.Shetty, it is because of that, he has filed applications on 10.04.2024 for condonation of 512 days delay along with recall of order dated 17.10.2022. 4. He states that, the applications for condonation of delay and recall be allowed. The appeal be restored to its original file and thereafter, the appeal be disposed of in view of the memo. 5. Noting the submission made by Mr.Shetty, and for the reasons stated in the application, delay of 512 days is condoned. Consequently, the order dated 17.10.2022 is recalled and the appeal is restored to its original position. The applications being I.A.Nos.1/2024 and 2/2024 are disposed of. 6. In view of the memo and submission made by Mr.Shetty and also the subsequent fact that the Crl.A.200155/2018 has been dismissed, the appeal is disposed of, granting liberty to the appellant to seek restoration of this - 5 - NC: 2025:KHC:6221-DB MSA No. 93 of 2018 appeal in the eventuality the acquittal order dated 06.04.2017 made in Special case No.06/2014 and the order dated 20.01.2025 in Crl.A.200155/2018 are reversed, in a further appeal. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE SMC/List No.: 1 Sl No.: 6