Calcutta HC Declines To Quash Case Against 'Online Legal Services' Company For Allegedly Cheating Lady Who Sought Advice On Credit Card Scam
The Calcutta High Court has declined to quash a criminal case against the proprietors of a 'legal services' online company who allegedly duped a lady who had been a victim of a credit card scam and had approached them through Google to help her report the same.
A single bench of Justice Ajay Kumar Gupta held:
It appears that under the banner of one Website, namely, https://www.onlinelegalindia.com, the said company has cheated so many persons in the manner as cheated the Opposite Party No. 2. The complainant tried to contact the company further but they did not agree to talk with her and further used slang languages to her. She has been duped by the said company...Caller stated that they have their own cyber cell, where they will register the FIR and for that they will charge a sum of Rs. 1,179/-. The said amount has been paid from her Bank Account, but, despite assurance, neither copy of FIR was provided to her nor any action has been taken by them. No service was provided to her for what they have charged for.
The Victim lady/Opposite Party No. 2, lodged a written complaint before the Officer-in-Charge, Bidhan Nagar Cyber Crime Police Station accusing to the effect that she received a phone call to her mobile number from an unknown number, where the caller told her that a gift voucher worth Rs. 4,000 had been issued to her.
It was further alleged that the caller introduced himself as a bank employee and asked her to activate the card as per his instructions over the phone to receive the aforesaid amount. She followed his instructions and during the process, a sum of Rs. 12,000 was allegedly debited from her Credit Card.
She realized she had been cheated by the caller and started searching on Google Chrome for a way to report such an incident, during her search, she came across one website, namely, “Online Legal India”, where there was an option to fill up the Customer Information Form on its portal.
It is further alleged that another phone call was received by her from a phone number belonging to the website and the caller instructed her to provide some personal information and the bank account details related to fraud and cheating committed upon her.
Caller further assured they would help her to get back her money which was cheated. It was further alleged the caller asked her not to approach any police station for lodging a complaint.
The caller claimed that they have their own cyber cell, where they will register FIR and for that, they will charge a sum of Rs. 1,179/-. The said amount was paid from her SBI Bank Account.
Despite their assurance, neither copy of FIR was provided to her nor any action has been taken by them. No service was provided to her though they have charged for.
Petitioner contends that the company has a business to provide legal advice and legal assistance upon charging some fees from the client. The company has immediately taken steps to fill up an online complaint before Bidhan Nagar Commissionerate by filling up the necessary proforma.
It was stated that the company had charged a sum of Rs. 1,179 for the service rendered to her. The company has rendered its service legally to her without duping her in any manner.
It was stated that their company had been sealed even though the Petitioner was absolutely innocent and he has not committed any offence as alleged and had been falsely implicated in this case.
It was argued that she had paid a fee amounting to Rs. 1,179 for rendering legal services to the Opposite Party No. 2. as the Company is a legal service provider through online services and charged service fees from the client.
Counsel for the state argued that the company and its Director are very much involved in duping innocent people by way of cyber-crime. During investigation, the Investigating Officer recorded the statements of several witnesses under Section 161 of the CrPC. Huge numbers of relevant documents, incriminating articles and gadgets were seized.
It was stated that though it claims to be a legal services company, after payment of fees charged by them, no appropriate action or steps were taken by the company. As a result, the complainant did not get any redressal on time from any authority and faced a loss of their hard earned savings.
Accordingly, it was stated that an investigation was underway and there is a strong prima facie case against the present petitioner.
Upon hearing the arguments, the court noted that the company, under its banner had not only stopped the complainant from approaching the cyber cell of the state police, but also has cheated many persons in the same manner as the Opposite Party No. 2.
Thus, it was held that: "Court is of the view that at this initial stage of investigation, it would not be appropriate and proper to quash the proceedings without justified reasons. The Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of the allegation made in the FIR/complaint."
Accordingly, the revision plea was dismissed.
Case: Rajesh Kewat Managing Director, Fast Info Legal Services Private Limited Versus The State of West Bengal & Another
Case No: C.R.R. 1175 of 2023
Citation: 2024 LiveLaw (Cal) 243