Snapdeal Pvt. Ltd vs State Of Karnataka on 4 March, 2022
19. Learned High Court Government Pleader fairly
replied to the query raised by the Court and stated that
the State has not challenged the order passed by the
co-ordinate Bench of this Court in Kunal Dahl (supra).
Therefore, the said order of the learned Single Judge
reached finality. Moreover, the learned High Court
Government Pleader has not convinced this Court as to
how the petitioners are liable for prosecution when there is
an exemption from liability as provided under Section 79 of
20
the IT Act. It is not in dispute that accused No.1 is an
intermediary as defined under Section 2(w) of IT Act.
Under such circumstances, I do not find any reason to
form a different opinion. Therefore, I am of the opinion
that the petitioners have made out grounds for allowing
the petitions.