Karnataka High Court refuses to quash case against two for cheating Amazon of Rs 70 lakh

According to the complaint, Bose would order high-end products from Amazon using his bank account, have them delivered to Ghosh’s address, and request a return within 24 hours.

Bengaluru: The Karnataka high court has dismissed the petition filed by two persons challenging proceedings initiated by e-commerce firm Amazon for a fraud close to Rs 70 lakh. It is alleged that the petitioners Deepanvita Ghosh and Sourish Bose used 104 orders with C-return (Customer return) option to cheat the company.

The Hennur police in Bengaluru city had filed the chargesheet against the petitioners for offences punishable under IPC section 420. It was alleged that during the period from December 1, 2016 to April 21, 2017, the petitioners placed 104 orders for different high-value items and placed a return request within 24 hours of delivery. The return is scheduled from different addresses and even as the C-return is initiated, the product is returned with a low-cost product in the box. BN Jagadeesh, Additional State Public Prosecutor appearing for the police, submitted that what the petitioners would gain is both the original product and the money received as refund.

The petitioners contended that the offence would not amount to cheating. Since allegations arise out of online transactions, section 66D of the Information Technology Act, a non-cognizable offence, should have been invoked and the permission from the magistrate is mandatory to invoke non cognizable offence.

The court noted that close to Rs 70 lakh is found in the coffers of the account of one of the accused. “Two properties are retained again with dishonest intention. One, the product itself and the other, the money of the product. If this cannot be cheating, it is difficult to comprehend as to what can be a classic illustration of ingenious cheating. The submission of the counsel for the petitioners that it would not amount to cheating is on the face of it is unacceptable,” Justice M Nagaprasanna said, adding that seriously disputed questions of fact can be thrashed out only in a full-blown trial.

The court also said, “There is huge proliferation in the cyber crimes and online frauds in particular. It is developed to an alarming rate, leaving the victims in their wake. The modus operandi, in these new-age crimes, have completely changed the conventional acts of robbery and dacoity. Though they still exist, but the digital crimes have overshadowed the conventional crimes. The consequences of such crimes are beyond boundaries. It is, therefore, they are modern age crimes.”