In a significant ruling, the Punjab & Haryana High Court has denied anticipatory bail to Atanu Chaudhary, an individual accused of participating in an elaborate cyber fraud. The scheme involved orchestrating a fictitious virtual Supreme Court hearing, during which one of the conspirators impersonated former Chief Justice of India, DY Chandrachud. The objective was to deceive prominent industrialist SP Oswal, Chairman of the Vardhman Group, resulting in a loss exceeding ₹7 crores.
Presiding over the case, Justice Mahabir Singh Sindhu highlighted the alarming rise in cyber fraud incidents across the nation. Citing data from the Reserve Bank of India, the court noted that between the fiscal years 2020 and 2024, approximately ₹3,207 crores were lost due to 582,000 reported cyber fraud cases. Notably, in the fiscal year 2023-2024 alone, cyber frauds accounted for losses amounting to ₹2,054 crores. Justice Sindhu emphasized the necessity for thorough investigation into such sophisticated scams, stating that custodial interrogation of the petitioner is imperative to uncover the full extent of the conspiracy and identify all individuals involved.
The fraudulent scheme came to light in September of the previous year when SP Oswal lodged a complaint detailing the deception. According to reports, Oswal was coerced into attending a fabricated virtual court proceeding via Skype, where individuals impersonated officials from the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). During this sham hearing, a person posing as Chief Justice Chandrachud 'ordered' Oswal to transfer his funds into a so-called 'secret supervision account' under the pretense of a money laundering investigation. Oswal recounted the experience, stating, "They made a Skype call regarding the court hearing... as per a Supreme Court order, I was directed to release all my funds into a secret supervision account."
In his defense, Atanu Chaudhary claimed that he was wrongfully implicated and that transactions amounting to ₹25 crores in his bank account were made without his consent. He further asserted that the bank had already reversed the amount to the complainant. However, the prosecution contended that Chaudhary, along with his associates, meticulously crafted and disseminated counterfeit documents, including a forged Supreme Court order and an ED arrest warrant. These falsified documents were employed to intimidate and manipulate Oswal into transferring substantial funds into accounts controlled by the accused.
The court underscored the gravity of the offense, noting that the deliberate fabrication of judicial and investigative documents not only defrauds individuals but also undermines public trust in the legal and financial systems. Given the sophisticated nature of the crime and the potential involvement of a broader network, the court deemed custodial interrogation essential for a comprehensive investigation. Consequently, the anticipatory bail plea was rejected, reinforcing the judiciary's commitment to addressing and curbing the surge of cyber-related offenses in the country.
This case serves as a stark reminder of the evolving tactics employed by cybercriminals and the imperative need for individuals and institutions to exercise heightened vigilance. It also highlights the judiciary's proactive stance in ensuring that perpetrators of such intricate frauds are thoroughly investigated and brought to justice, thereby safeguarding the integrity of the nation's legal and financial frameworks.
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