The Calcutta High Court dismissed a plea by Fast Info Legal Services to quash a cheating case related to allegations of fraud. The case, involving consumer deception, is under investigation by cyber police. The court stressed the presence of prima facie evidence and underscored the necessity for thorough investigations in cases of cyber fraud and consumer trust violations.
Kolkata: The Calcutta High Court has dismissed a plea by Fast Info Legal Services Private Limited, which operates the website Online Legal India, seeking to quash a cheating case registered against the company. The case, involving allegations of fraud and cheating, is under investigation by the Cyber Crime Police Station.
Fast Info Legal Services, represented by Advocate Hindol Nandi, filed a Criminal Revisional application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings under Sections 406, 420, and 120B of the Indian Penal Code, 1860, pending before the Additional Chief Judicial Magistrate.
The petitioner argued that their business involves providing legal advice and assistance for a fee and claimed to have taken immediate action in response to the complaint by filing an online complaint with Bidhan Nagar Commissionerate.
They also alleged that the investigating agency sealed their company premises without proper inquiry, leading to the loss of 358 jobs, and contended that their actions were legitimate.
The complainant, represented by Advocate Rudradipta Nandy, alleged that she received a call about a gift voucher worth Rs 4,000 linked to her Kotak Mahindra Bank credit card. Following the caller’s instructions, she unknowingly lost Rs 12,000.
After realizing the fraud, she approached Online Legal India, which assured her of recovery and charged her Rs 1,179 for filing a complaint with their cyber cell. However, the complainant alleged that the company failed to act as promised and further used abusive language when she tried to follow up.
The complaint also claimed that the company had defrauded multiple individuals using similar tactics under the banner of Online Legal India.
The Single-Judge Bench of Justice Ajay Kumar Gupta noted that:
- Prima facie evidence supports the allegations: Statements recorded under Section 161 Cr.P.C. and incriminating documents seized during the investigation revealed a case of fraud.
- Investigation is still ongoing: The court emphasized that it was not appropriate to quash the proceedings during the initial stages of the investigation.
Citing the Supreme Court’s guidelines in Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra (2021), Justice Gupta remarked,
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“The Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of the allegation made in the FIR/complaint.”
The High Court dismissed the revision application, stating that no cogent grounds or sufficient reasons were provided to quash the proceedings.
This decision highlights that courts must exercise caution while intervening in ongoing investigations, especially when there is prima facie evidence. The ruling underscores the importance of thorough investigations in cases involving allegations of cyber fraud and consumer deception.
The dismissal reinforces the principle that businesses claiming to offer consumer assistance must operate transparently, as misuse of trust can have severe legal consequences.
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