Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. RAJINDER SINGH
ASJ-06, NDD, PATIALA HOUSE COURTS, NEW DELHI
Bail Application No. 1803/2022
FIR No. 49/2022
PS : Cyber New Delhi
Under Sections : 420/120B IPC
C. Janaki Lakshmi Bai Vs. State (NCT of Delhi)
31.10.2022
Present: Sh. Karn Kumar and Sh. Pankaj Kumar, Ld. Counsels for the
applicant / accused.
Sh. Jagdeep Vats, Ld. Counsel for the complainant.
Sh. S. K. Kain, Ld. Addl. PP for the State.
IO SI Devender from PS Cyber South-West Distt.
As per the case of the complainant, her mobile phone number
connected with her account maintained with Sector-7 Dwarka Branch, SBI, New
Delhi, was unauthorizedly changed. It is alleged that some unauthorized person
got that number changed. The bank officials are involved in conspiracy with the
said person(s).
Thereafter, an amount of Rs.15,00,000/- (approximately) was
siphoned off from the account of the complainant.
It is submitted by the IO that the said amount was used for
purchasing gold coins from Mohan Lal Jewellers and Modern Jewellers. There
the PAN Card of the complainant victim was used for making the said
purchases.
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The connection of the changed mobile phone number was in the
name of one Sh. Arvind Das (at the relevant time).
The allegation against the present applicant / accused is with regard
to non-following of the protocol while processing the request for change of
mobile phone number connected with the account of the complainant.
In this regard, Ld. Counsel for the applicant / accused has relied
upon e-circular dated 06.06.2019 of SBI along with other documents (annexure-
15 and 16, running page no. 194 to 200 of the paper book).
In the e-circular dated 06.06.2019, in the revised guidelines under
the heading 'Change of Mobile Number', Column-C, it is provided that in case of
request for change of mobile phone number, SMS will be sent to the old number
as well as the new number.
The applicant / accused is directed to show strict compliance of the
guild lines regarding change of mobile phone number as mentioned in e-circular
dated 06.06.2019 and / or any other relevant guidelines, rules, by-rules.
It is submitted on behalf of the applicant / accused that the record
reading the sending of SMS on 31.07.2020 is available.
In this regard, it is submitted by the IO that the mobile phone
number was changed on 29.07.2020. No record of sending of SMS on
29.07.2020 is produced.
At request, time is granted to the applicant / accused to procure the
said record.
At request of the applicant / accused CGM(IT), Corporate Center,
Mumbai is directed to provide the relevant record regarding sending of SMS.
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One copy of this order be sent to the CGM(IT), Corporate Center,
Mumbai through e-mail (e-mail address to be provided by the complainant).
Copy of this order be given dasti to the parties.
At request of the applicant / accused, 15 days' time is granted for
procuring the said information / data.
Put up on 21.11.2022 for further proceedings / arguments on the
present bail application.
In the meantime, no coercive action shall be taken against the
present applicant / accused.
(RAJINDER SINGH)
ASJ-06/NDD/PHC/NEW DELHI
31.10.2022
(R)
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