In a writ petition filed before the Rajasthan High Court seeking directions to the Indian Bank (respondent 2) to de-freeze the petitioner’s bank account, a Single Judge Bench of Justice Anuroop Singhi allowed the petition and directed the Indian Bank to de-freeze the petitioner’s bank account while keeping the disputed amount frozen.
It was alleged that the petitioner was a beneficiary of funds involved in a cyber fraud case under investigation. It was asserted that the disputed amount of Rs. 31,500/- and the petitioner’s bank account had been frozen strictly in compliance with the financial cyber fraud complaint.
The petitioner submitted that he had never misused his Indian Bank account for illegal transactions and that he was willing to cooperate with the Investigating Agencies as well as the bank authorities. He prayed that the amount, apart from the disputed amount, be allowed to be withdrawn and that banking transactions be allowed.
The Court stated that freezing the entire bank account of the petitioner and imposing a complete restriction on banking transactions merely because a certain amount had been transferred to his bank account in an alleged fraudulent transaction would seriously prejudice the petitioner’s rights. It was stated that, at most, the Indian Bank could hold a lien on the disputed amount.
Hence, the Court disposed of the petition, directing the Indian Bank to de-freeze the petitioner’s bank account and to allow him to carry out banking transactions over and above the disputed amount. However, the disputed amount of Rs. 31,500/- was directed to remain frozen.
The Court clarified that the petitioner would cooperate with the bank authorities as well as investigating agencies, and directed the petitioner not to close or discontinue the said bank account until he is permitted to do so. Further, the Court stated that after investigation, if the petitioner is found to be involved in any illegal transaction, he would be liable to pay the amount involved and would face inquiry as per law.
Lastly, the Court directed the petitioner to ensure that all requirements for maintaining and operating the said bank account with Indian Bank had been duly complied with.
Appearances:
For Petitioners – Mr. Aman Khan, Mr. Akshun Agrawal
For Respondents – Ms. Devakriti Vashishtha, Ms. Sunita Meena, Mr. Bhuwesh Sharma (AAG), Mr. Vikas Jain
