Sanika Deshpande –
Published On : October 29, 2021 at 12:59 IST
The High Court of Bombay on October 28th quashed criminal complain issued against Amazon India’s Head, Amit Agarwal by a Magistrate Court in Ulhasnagar.
The Bench of Justice Sandeep Shinde heard the Plea which was filed by Agarwal through a Senior Counsel, Shirish Gupte, challenging criminal process which was issued against him under the charges of Cheating.
A Complaint was filed by Advocate Amritpal Singh Khalsa in the Magistrate Court claiming that he wasn’t delivered a hard disk which was worth Rs 3,999 and when asked for a refund, he was denied.
Later, the Magistrate after scrutinizing the Police Report initiated Criminal proceedings against Agarwal under Cheating and Fraud.
Senior Counsel representing Agarwal agrued that “The Magistrate failed to consider that Amazon is not the seller or manufacturer of the product. It is merely an online marketplace, thereby it is entitled to protection under Section 79 of Information Technology, 2021 (as intermediary).”
Further the Judge who considered the contentions stated“The allegations do not constitute an offence of cheating, nor the allegations disclosed the fraudulent intention of Agarwal, when Khalsa placed an order of the product in question. The company and its head being mere facilitators, Khalsa’s allegations that he was induced to buy a product with intention to cheat him, is wholly absent.”
“There is no material on record to even suggest that the company had direct involvement and induced Khalsa to place an order with the intention, not to deliver it, even after receiving the consideration for the same. Thus, neither the complaint, nor the inquiry report submitted by the investigating officer constitute the offence of cheating against the company or Agarwal.”
