Punjab and Haryana High Court Upholds Cyber Fraud Case, Highlights Multi-State Scam Network
The Punjab and Haryana High Court has firmly refused to quash a cheating case involving an alleged cyber fraud of over Rs 40 lakh, with Justice Jasjit Singh Bedi observing that the accused appear to be part of a broader online scam network operating across several Indian states. This decision underscores the judiciary's commitment to tackling sophisticated digital crimes that exploit social media platforms for financial gain.
Court Dismisses Petition to Cancel Chargesheet and Proceedings
Justice Bedi passed the order while dismissing a petition filed by Raushan Kumar and another accused, who sought the cancellation of the chargesheet and criminal proceedings registered against them. The case originated from a complaint lodged by a businessman from Kurukshetra, who alleged he was cheated of Rs 40,82,272 by fraudsters posing as representatives of Vizag Steel through a Facebook advertisement.
According to the complaint, the advertisement offered direct purchase of iron wire material from a company. The complainant contacted a phone number listed in the ad and spoke to a person claiming to be a sales officer. After negotiations, the businessman placed orders for steel material and transferred multiple payments through RTGS to a bank account provided by the alleged representative.
Details of the Fraudulent Transactions and Investigation
Investigators revealed that the complainant made three separate transfers: Rs 21.2 lakh for an initial 40-ton order, Rs 14.51 lakh after being persuaded to increase the order, and Rs 5.10 lakh for additional material. However, after the payments were made, the accused allegedly stopped responding to calls, and the promised material was never delivered.
Police later registered an FIR under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology (IT) Act, relating to cheating and online fraud. During the investigation, authorities claimed that the accused and their associates operated a fake Facebook page impersonating a steel company to lure business owners into placing bulk orders and transferring money.
Court Observations on Serious Allegations and Wider Network
The court observed that investigators linked the petitioners to multiple similar cyber-fraud cases registered in different states, including Kerala, Telangana, Karnataka, Tamil Nadu, and Punjab. Rejecting the plea to quash the case, the high court held that the allegations were serious and supported by preliminary evidence gathered during the investigation.
Justice Bedi stated that the accusations prima facie established the alleged offences, and it would be the responsibility of the trial court to evaluate the evidence and determine guilt. The court also noted that the accused appeared to be habitual offenders, with several similar cases registered against them, making judicial intervention at this stage inappropriate.
This ruling highlights the growing challenge of cyber fraud in India and the need for robust legal frameworks to combat such crimes, particularly those involving impersonation and social media scams.
