Criminal & Regulatory Matters

At Kahol & Associates Advocates, our Criminal & Regulatory practice is one of the most trusted and experienced in India, with a legacy spanning over six decades and three generations. Our firm has represented Union Ministers, bureaucrats, business leaders, corporates, and individuals in some of the most high-profile, sensitive, and complex criminal matters prosecuted by the CBI, ED, NIA, DRI, SFIO, and other premier agencies.

Our expertise combines in-depth understanding of criminal law, strategic courtroom advocacy, regulatory compliance, and a result-driven approach. With extensive experience in trial courts, High Courts, and the Supreme Court of India, we handle every matter with complete discretion, precision, and legal acumen.

1. Defence in Cases Under the Prevention of Corruption Act (PC Act)

Corruption-related allegations and prosecutions demand meticulous preparation, strong legal strategy, and an understanding of both investigative processes and courtroom dynamics. With our senior partners having served as Public Prosecutors in CBI cases, and defended numerous public servants and corporate executives, we bring unmatched expertise to:

• Defence in Disproportionate Assets (DA) cases
• Defence in bribery and trap cases
• Challenging sanction orders, charge sheets, and prosecution sanctions
• Seeking anticipatory bail, regular bail, and discharge
• Representing public servants, government officers, and corporate officials
• Cross-examination of prosecution witnesses
• Appeals before High Courts and Supreme Court

Our approach focuses on safeguarding our clients’ careers, reputation, and legal rights through strategic, evidence-backed defence.

2. Matters Arising Under the National Investigation Agency Act (NIA Act)

Cases involving national security, terrorism, and organized crime require highly skilled representation due to their seriousness and scrutiny. Our firm has handled several complex NIA matters involving:

• Charges under the Unlawful Activities (Prevention) Act (UAPA)
• Terrorism-related investigations and trials
• Bail and appeals in NIA cases
• Representation before Special NIA Courts
• Challenging wrongful implication and overreach in investigations

We ensure robust defence grounded in constitutional protections, procedural safeguards, and detailed case analysis.

3. Representation in Enforcement Directorate (ED) Investigations & Proceedings

Proceedings under the Prevention of Money Laundering Act (PMLA) require expertise in financial analysis, regulatory frameworks, and defence strategy. Our team represents clients at every stage, including:

• ED summons and statement recording
• Defence in PMLA prosecution complaints
• Bail applications in PMLA cases, including “twin conditions”
• Attachment of properties and provisional attachment orders
• Challenges before the PMLA Appellate Tribunal
• Litigation before High Courts and Supreme Court
• Defence for corporates, directors, public figures, and professionals
• We are known for handling high-stakes ED matters with discretion, precision, and strategic foresight.

4. Foreign Exchange & SAFEMA Cases

Regulatory cases involving the Foreign Exchange Management Act (FEMA) and SAFEMA (Smugglers and Foreign Exchange Manipulators Act) require a deep understanding of compliance, documentation, and administrative procedures. We provide complete representation for:

• FEMA violations and penalty proceedings
• Adjudication before the Directorate of Enforcement
• Appeals before the Appellate Tribunal
• SAFEMA forfeiture proceedings
• Property attachment challenges
• Representation of individuals and families affected by SAFEMA orders

Our firm has successfully defended clients facing severe financial and regulatory consequences stemming from foreign exchange allegations.

5. Prosecutions Under TADA & POTA

TADA (Terrorist and Disruptive Activities Act) and POTA (Prevention of Terrorism Act) cases are historically among the most challenging areas of criminal practice. Our senior partner, Sh. Yudhishtar Kahol, has decades of experience as a former Prosecutor and Defence Counsel in such matters, including:

• Defence in pre-TADA and POTA legacy cases
• Bail and discharge applications
• Cross-examination of prosecution’s technical and forensic evidence
• Appeals in High Courts and Supreme Court
• Representation of individuals wrongfully implicated under stringent anti-terror laws

Our advocacy aims to protect constitutional rights while offering strong defence in complex and sensitive cases.

6. Commercial Frauds & Banking Sector Scams

Economic offences require a blend of criminal defence and financial expertise. We regularly represent accused individuals, directors, employees, and companies in cases involving:

• Bank fraud and loan default allegations
• Cheating, forgery, and fraud under IPC
• Cases involving CBI (Banking Fraud Division)
• DRT, DRAT, NCLT-linked criminal proceedings
• Fraudulent trade practices and embezzlement cases
• Corporate internal investigations and compliance breaches

We work with forensic experts, auditors, and financial analysts to build strong, evidence-based defence strategies.

7. Advisory & Litigation Concerning Cryptocurrency & RBI Regulations

With emerging technologies and digital assets transforming financial ecosystems, regulatory scrutiny from RBI, ED, Cyber Cells, and other authorities has increased. We assist clients in:

• Cryptocurrency-related criminal allegations
• Money laundering inquiries linked to virtual digital assets
• Freezing of crypto wallets and exchange accounts
• Compliance with RBI guidelines and fintech norms
• Defence in online fraud & cybercrime matters
• Litigation for wrongful freezing of bank accounts or digital assets

As one of the few experienced firms in this evolving domain, we provide technologically informed, legally sound guidance.

Why Clients Trust Our Criminal & Regulatory Practice

• 60+ years of courtroom experience in high-stakes matters
• Former CBI prosecutors and seasoned defence lawyers
• Representation in some of India’s most prominent criminal cases
• Strategic defence grounded in detailed legal research and evidence
• Absolute confidentiality and client-focused advisory
• Strong presence across trial courts, High Courts, and the Supreme Court