P&H High Court Criticises Trial Court For 'Unreasonable Leniency' To Cyber Fraud Accused, Says Senior Citizen Complaints Must Be Prioritized

The Punjab and Haryana High Court has strongly criticized a trial court for showing “unreasonable leniency” in a cyber fraud case, emphasizing that cases involving senior citizens deserve urgent and prioritized handling.

The plea was filed by a senior citizen who lodged a complaint in 2021 alleging cyber fraud of Rs.58.68 lakhs and FIR was lodged under Sections 420 and 120-B of IPC & under Sections 66-C and 66-D of the IT Act. However, after presentation of challan in 2021 the case was listed for about 61 dates of hearing, still, only the examination of two witnesses had been completed.

Justice N.S Shekhawat noted:

"the orders were passed casually and the case was adjourned repeatedly by the Presiding Officers of the Court. Similarly, in the last almost four years, only two witnesses have been recorded by the Court, even though, the matter was being perused by the retired Army Officer, who travels from Amritsar to Mohali to attend the Court proceedings at the age of 76 years. Still further, it appears that the Presiding Officers of the Court were unreasonably lenient and very kind to the accused in the present case."

 It further noted that the applications for exemption from personal appearance were moved before the Court and 30 exemptions from personal appearance were granted to Khurshid Ahmed, accused, whereas 10 exemptions from personal appearance were granted to Surajit Gayen.

The two other co-accused also chose not to appear before the Court but only bailable warrants were issued to procure their presence, it added.

"This clearly shows that the Court proceedings were held in a very casual manner and it is never expected that the leniency should be shown to the accused in such serious crimes," observed the judge.

Justice Shekhawat highlighted that "the trials where the complainant or the accused are senior citizens has to be disposed off in priority and in a time bound manner".

The Court also “shocked” to note that the trial Court was unreasonably lenient with the jail authorities, who had failed to produce the case before the Court.

Consequently, it directed the trial court to decide the case within a period of 08 months from the date of receipt of certified copy of this order.

The Court also directed the District judge to convene a meeting of all judicial officers of the District within a period of one week on receipt of certified copy of the order and the judicial officers may be advised not to adopt such a casual approach in criminal trials.

"The exemption from personal appearance should be granted, only when reasonable grounds exists for extending such benefits to the accused. Even, the cases of senior citizens should be decided on priority and the Presiding Officers of the Court must adopt a humane and balanced approach in dealing with the litigants," it added.

Ms. Neha Shukla, Advocate, for the petitioner.

Mr. M.S. Bajwa, DAG, Punjab.

Title: Col. Sukhwinder Singh Dhillon v. State of Punjab

Click here to read/download the order