The Supreme Court has made it clear that individuals who fail to promptly report the receipt of unexplained funds into their bank accounts may face legal repercussions, denying protection to a man who waited months to report such a transaction. This ruling emphasizes the importance of timely reporting in maintaining financial integrity and combating cyber fraud.
The case involved a resident of Shivnagar village in Bihar's Nawada, who sought anticipatory bail after being summoned by the Delhi Police in connection with a cyber fraud investigation. The individual's bank account had received ₹20 lakh, suspected to be proceeds from the crime. He claimed that his tenant had misused his account, obtaining the details under the guise of facilitating an online loan transfer and subsequently hacking the account.
According to the petitioner, his tenant acquired his account details on the pretext of an online transfer for a loan and then hacked the account. Advocate Rakesh Singh, representing the petitioner, argued that his client had appeared before the Delhi Police, cooperated with the investigation, and provided all necessary information. However, Justices Sandeep Mehta and P B Varale questioned the delay between the receipt of the funds and the reporting of the incident to the police. The court was informed that the money was transferred into the account in September of the previous year, but the police were only notified in January.
The bench noted that the four-month delay in reporting the suspicious transaction was a critical factor. Because of the delay, the court determined that the petitioner was not entitled to protection from arrest and subsequently dismissed his petition.
The case revealed a complex web of financial transactions. The petitioner's account had received multiple money transfers from various sources in a single day, totaling over ₹5 crore. These transactions were linked to 13 registered cases across different parts of the country. The specific transaction of ₹20 lakh, flagged as cyber fraud, was quickly transferred to three other accounts within hours of its deposit. The Delhi cyber police registered the case under relevant sections of the law.
This ruling underscores the judiciary's stance on financial accountability and the need for individuals to be proactive in reporting suspicious financial activity. The Supreme Court's decision serves as a deterrent, emphasizing that delay in reporting unexplained money can lead to serious legal consequences, including potential arrest. It reinforces the obligation of account holders to be vigilant and responsible in safeguarding their accounts and reporting any unusual or suspicious transactions without delay. The ruling highlights that ignorance or claims of misuse are not sufficient grounds for exemption from legal scrutiny, especially when there is a significant delay in reporting the matter to the authorities.