Karnataka High Court Quashes Cheating FIR Against WinZo After Woman Alleged Misuse Of PAN Card On Gaming App

The Karnataka High Court on Saturday (February 21) quashed a 2024 FIR registered against online gaming company WinZo Games Private Limited booked in an FIR wherein a woman has alleged that her Pan Card details were stolen and misused on WinZo's gaming app.

While pronouncing the order Justice M Nagaprasanna said:

"Allowed, quashed. It is made clear that the quashment of proceedings in impugned crime will not come in the way of any other accused nor any other crime pending".

In the order the court said that there was no complaint against the petitioner that the petitioner has misused the PAN card of the complainant.

"It is the clear case of the complainant herself that she has not stated anywhere that the petitioner is the perpetrator of the crime, it is certain individuals and the names of those individuals are now available with the prosecution pursuant to investigation. Therefore, in a case of this nature, the submission of the prosecution that investigation must be permitted on the score that this is only a tip of the iceberg and all other things have to be investigated into, is unacceptable...what would unmistakably emerge is, the offence of cheating is not brought out from the allegations in the complaint qua the petitioner. When there is no transaction between the complainant and the petitioner, it is ununderstandable as to how the petitioner can even lure the complainant into a transaction, with dishonest intention from the inception. Therefore, the offence punishable under Section 420 of the IPC tumbles down," the court said. 

The court said that the complainant had never complained against the petitioner and it was her case that somebody else has misused her PAN card.

"That somebody else is now known. It is for the investigating agency to go in search of those people and investigate. For investigating those people, the petitioner against whom nothing is found cannot be permitted to undergo the rigmarole of investigation," the court added. 

The court thus quashed the FIR against the petitioner, making it clear that the same will not come in the way of any other proceedings against any other accused. 

The complainant, had alleged that the details of her pan card is stolen and misused on the petitioner's (accused no. 2) gaming Apps. The complaint was registered on 04.07.2024. The complaint is filed against accused No.1, who is said to be involved in such pan theft and using them in the gaming platform of the petitioner.

The counsel for petitioner had argued that after finding out about the alleged theft, the petitioner communicated to the complainant to register a complaint as it is a serious matter. Thereafter the FIR was registered and the petitioner who is stated to have cautioned the complainant was booked in the FIR registered under IPC Section 420 (cheating) and Sections 66(c) and (d) of the Information Technology Act. 

In November 2024 the high court had stayed the investigation. 

Thereafter in January, the high court had directed WinZo to appear before the jurisdictional police station to record its statement in the case. 

Case title: WINZO GAMES PRIVATE LIMITED v/s STATE OF KARNATAKA

CRL.P 10707/2024

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Kar) 69