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The High Court of J&K has allowed a criminal petition writ seeking directions for lodging of FIR in a subject matter related to online manipulation of fraudulent loan offer via Facebook.
A Single Division Bench of Justice Dhiraj Singh Thakur noticed that the complainant's petition under Section 156(3) of Criminal Penal Code, CrPC was disposed of by the concerned Magistrate with the first impression of finding that the facts disclose the commission of a cognizable offense by the person who committed the fraud, accused.
The Petitioner had sought the help of the Advocate named Deepak Sharma while approaching the High Court, complaining that he had been subjected to a scam by online manipulators and was been created with the context of giving online loan and has lost almost a sum of Rs.20,700 because of the fraudulent activities.
He informed that the accused persons, including FB and Bajaj Finance, in collusion with each other had made an offer of a loan to him on his Facebook portal page, by placing the said offer for an online loan under the text preview of "Sponsored category" having him induced and lured to accept the said loan.
The complainant further submitted that the accused had cheated him by inducing him to deposit a total sum of Rs.20,700 into the bank account of the Respondent. Through the manipulation and gaining by fraudulently winning his confidence, by making an offer for a loan displaying the name and official logo of Bajaj Finance the offer appeared.
He further appealed that in his case that the Department of Police was reluctant to lodge and consider his complaint and thus, a plea was made before the Magistrate to exercise his powers u/s of CrPC for issuing directions for registration of FIR in that regard.
The complainant has marked Facebook India, Ajit Mohan- Vice President of FB, Bajaj Finance Ltd and Rajiv Jain- Managing Director of Bajaj Finance as accused in his complaint registered.
The Court ordered to leave the issue of registration of FIR and the Incharge Cyber Cell would register an FIR and the same shall be reviewed and investigated by the respective branch dealing with the Cyber offenses.
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