Document Fragment View

Matching Fragments

% 14.05.2025

1. This is an application under Section 482 of Bhartiya Nagarik Suraksha Sanhita ["BNSS"], 2023, filed on behalf of the applicant for the grant of anticipatory bail in case FIR No. 198/2023, under Section 420/34 IPC, lodged at PS Special Cell, New Delhi.

2. Learned counsel appearing for the applicant submits that applicant is a villager and she is neither technically advanced nor is aware of modern technical manoeuvres, as alleged in the FIR. Even as per the own case of the complainant, it failed to respond to the chargeback requests of its customers within stipulated time prescribed under the National Payment Corporation of India ["NPCI"] guidelines, owing to which, the amounts were credited This is a digitally signed order.

6. The FIR in this case has been registered under Section 420/120-B IPC at the instance of the complainant company, which is engaged in the business of peer to peer lending and is an online platform providing service of borrowing and lending money to its customers under the name and style of "LENDBOX". Complainant entered into a sourcing service agreement with MOBIWIK Systems Ltd., which provides E-wallet services for availing its services of sourcing of lender/ customer/ investor relations. The complainant integrates their service on the online platform of Mobikwik. The user of Mobikwik has the option of investigating their money through the complainant's platform and the complainant pays interest on the amount invested by the investors/customers, as mutually agreed by the complainant and the investor. The investment can be made through UPI, debit card and net-banking and these investments were governed by NPCI. Once a chargeback is received with NPCI portal, the same is forwarded for response/verification, if no response is received within the stipulated period of 40 days, then such chargebacks are deemed to be approved and paid to customer/investor's account.

9. Due to system error, accused persons became aware that complainant had not disputed the chargeback requests, and therefore, they started undertaking multiple transactions. Even though, the money was received from the complainant, the accused started raising fraudulent chargeback requests.

10. Thus, in this manner, accused persons, for every transaction undertaken by them, not only received the money from the complainant upon request, but at the same time, were also paid through the bank account of the complainant, owing to chargeback request. A-systemic fraud was perpetrated in this manner, as many as 457 persons and complainant has been defrauded of Rs. 10,54,79,040/- from the period 05.12.2022 to 19.03.2023.

11. So far as the present applicant is concerned, she has claimed 36 successful chargebacks and the amount of these chargebacks is Rs. 32,53,383/- from 19.01.2023 to 17.03.2023. Applicant is therefore actively involved in the wrongful loss to the complainant company and earned wrongful gain for herself.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 03:10:32