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2025 Supreme(Online)(Kar) 16886

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
AXIS BANK LTD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. UNNIKRISHNAN M.
For the Respondents: SRI. CHANNAPPA ERAPPA, HCGP FOR R1

Table of Content
1. petitioner seeks to set aside magistrate's order. (Para 1 , 2)
2. legal precedent indicates needed claims hearing. (Para 3)
3. court emphasizes remanding for fair hearing before ruling. (Para 4)
4. final ruling allows petition, setting aside lower court's order. (Para 5)

ORAL ORDER

“a) To set-aside the order dated 28.02.2024 passed by the Hon’ble Court of the 45th Additional Chief Metropolitan Magistrate, Bengaluru, in Crime No. 1251/2023 i.e., ANNEXURE-‘C’ in terms of which, the petitioner is directed to defreeze the Savings/Current account bearing A/c. No.923010012484020 maintained in the petitioner’s Bank and transfer the same to the account of the respondent No.2.

2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.

4. As rightly contended by the learned counsel for the petitioner, the issue in controversy in the present petition is covered by the judgment of this Court in the case of Axis Bank Ltd. Supra, wherein it is held as under:

2. The petitioner’s concern is that the order passed by the Jurisdictional Magistrate cannot be executed because it surpasses the specified release amount, and numerous cou

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