No Prosecution of Chartered Accountant for Issuing Form 15CB Certificates Without Knowledge of Forgery


Quick Summary
The Supreme Court has ruled that a Chartered Accountant will not face prosecution for money laundering under the PMLA. The CA had issued Form 15CB certificates for client remittances without knowledge of forged documents or fraudulent intent. The court found no evidence of conspiracy or culpable knowledge, distinguishing professional compliance from active participation in crime.

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the case of The Deputy Director V. Murali Krishna Chakrala [Special Leave Petition (Criminal) Diary No(S). 8123/2024] upheld the judgment by the Hon'ble Madras High Court in the case of Murali Krishna Chakrala v. The Deputy Director, Directorate of Enforcement [(Crl.R.C.No.1354 of 2022), order dated November 23, 2022] held that the Petitioner, a Chartered Accountant, who issued Form 15CB certificates to client entities without knowledge of forged documents or fraudulent intent, is not a conspirator and is discharged from prosecution under the Prevention of Money Laundering Act, 2002 ("PMLA"). The Court allowed his discharge while giving liberty to the prosecution to examine him as a witness.

Citation :
Special Leave Petition (Criminal) Diary No(S). 8123/2024

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Bimal Jain
Published in GST
Views : 112
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