The complaint was registered for the offence punishable
under Sections 419, 420 of IPC and under Sections 66(C) and
66(D) of Information Technology Act, 2008. However, 419 of IPC is
not attracted in the instant case as there is no impersonation and
the only allegation is that inspite of receiving the amount for supply
of the goods, the petitioner has not supplied the same which is
subject to allegation of cheating. However, further records
discloses that the petitioner has subsequently remitted Rs.8 Lakhs
to the account of the complainant which is admitted by the
prosecution. The argument addressed by the learned HCGP that the google search discloses that the petitioner has cheated number of persons which is evident from the review cannot be accepted as it does not have any legal evidentiary value. {Para 6}
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
CRIMINAL PETITION NO.8879/2022
SRI OM PRATAP SINGH Vs THE STATION HOUSE OFFICER CYBER AND ECONOMIC WING
BEFORE
MR. JUSTICE RAJENDRA BADAMIKAR
DATED: 13TH DAY OF OCTOBER, 2022
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