SC quashes case against Ebay chief in MMS scam
New Delhi: The Supreme Court on Friday quashed the criminal cases registered against NRI Avinash Bajaj, owner of Ebay.Com accused of offering for sale video clips of two Delhi school children indulging in explicit sexual act, the circulation of which had caused a furore in 2004.
A three-judge bench of justices Dalveer Bhandari, S J Mukhopadhyaya and Dipak Mishra quashed the cases registered against Bajaj under Section 292 (sale etc of obscene material) IPC and various provisions of the Information Technology Act.
The apex court quashed the cases on the ground that the company was not made a party to the case and only the Director of the company was roped in for the said alleged commission offence.
Bajaj had appealed in the apex court challenging the cases raising questions of the criminal liability of the Directors for an alleged offence when the company itself had not been roped in as a party to the dispute.
Concurring with the petitioner's submission, the apex court, after interpreting a number of its earlier rulings, quashed the case against Bajaj.