Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

The Delhi High Court ruled that it is not necessary for the Special Court under the Prevention of Money Laundering Act (PMLA) to record reasons for taking cognizance of an Enforcement Directorate (ED) complaint. The court noted that an initial complaint can be filed by the ED under Section 44 of the PMLA, even if the investigation is not fully completed, especially in light of the 2019 amendment allowing supplementary complaints. This decision came while dismissing a plea by an accused challenging the trial court’s cognizance of the ED’s complaint without a formal order. The court emphasized that the requirement to record reasons applies to private complaints under the Criminal Procedure Code (CrPC), not to complaints filed by investigating agencies like the ED. This ruling clarifies procedural aspects of filing complaints under the PMLA and supports ongoing investigations while advancing trials based on available evidence.