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Supreme Court of India 2025-01-09 partly_allowed

KOTTAYAM vs MATHEW K CHERIAN & ANR

Bench: 2 — Dipankar Datta, Prashant Kumar Mishra

In Brief

Mathew K. Cherian, without railway authorization, created hundreds of fake user IDs to procure and sell railway e-tickets for profit. Ramesh, an authorized railway agent, created multiple user IDs to supply tickets and charged commissions. The Kerala High Court quashed proceedings against Mathew, holding Section 143 of the Railways Act (enacted pre-internet) did not cover online sales. The Madras High Court refused to quash proceedings against Ramesh. The Supreme Court held Section 143 clearly applies to both physical and online ticket sales; unauthorized persons like Mathew cannot escape liability by using the internet. However, authorized agents like Ramesh cannot be criminally prosecuted under Section 143—only civil remedies apply for breach of contractual terms.

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Criminal Law Railways Act Criminal Procedure Statutory Interpretation Unauthorized Business E-commerce Technology and Law

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