In an application filed before the Delhi High Court seeking regular bail regarding a First Information Report (FIR) registered for the commission of offence under Sections 318(4)/336(3)/340(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), a Single Judge Bench of Justice Girish Kathpalia denied bail to the applicant considering the expanse of the fraud.
The applicant, a Computer Operator at a finance company, had allegedly fraudulently transferred shares belonging to 18 of the company’s clients into his account through DMAT transactions, after forging their signatures on the Delivery Instruction Slips (DIS). The applicant asserted that he had acted only in his professional capacity as an employee and had not committed forgery.
The State contended that the applicant had shown the fraud victims to be his relatives on record and that there were WhatsApp chats in which the applicant admitted to having swindled Rs. 1,26,00,000/-.
The Court stated that professional services could not extend to grant any benefit to the professional concerned, and that the professional services did not extend to forging a client’s signature on the transaction slip. Considering that the alleged fraud involved 18 persons, the Court refused to grant bail and dismissed the bail application.
Appearances:
For Petitioner – Mr. N.C. Gupta, Mr. R.D. Singh
For Respondents – Mr. Amit Ahlawat (APP)
