THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-1 AND 2 TO PROVIDE DETAILS OF THE ACCOUNT NO.42366031032 BELONGED TO SHRI.KRISHNA ENTERPRISES HELD IN R-2 BRANCH REGARDING TRANSACTION FROM 01.02.2024 TO TILL DATE FOR KIND PERUSAL OF THIS HONBLE COURT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

In the captioned petition, the petitioner is seeking following reliefs.

"i) Issue writ of mandamus or any other appropriate writ or direction to the respondent Nos.1 and 2 to provide details of the Account No.42366031032 belonged to Shri.Krishna Enterprises held in respondent No.2 Branch regarding transaction from 01.02.2024 to till date for kind perusal of this Hon'ble Court.

ii) Issue writ of mandamus or any other appropriate writ or direction to the Respondent No.1 and 2 to reverse/re-transfer of the amount of Rs.8,00,000/- (Rupees Eight Lakhs Only) of petitioner to the account of petitioner held in Respondent No.1 Branch from the account of Shri. Krishna Enterprises held in the Respondent No.2 - Branch in compliance of the direction of the Hon'ble Court of J.M.F.C-III, Mangaluru, D.K.,

iii) Grant such other and further relief deems fit by this Hon'ble Court in the facts and circumstances of the case."

2. Heard the learned counsel for the petitioner and the learned counsel appearing for respondent Nos.1 and 2 – Banks. Perused the pleadings and material on record.

3. The petitioner, who is stated to be working as an Officer in Karnataka Bank, has approached this Court being aggrieved by the inaction on the part of respondent Nos.1 and 2 in not complying with the directions issued by the learned Jurisdictional Magistrate in Crime No.16/2024. The factual matrix, as borne out from the pleadings, would indicate that the petitioner, having come across an online advertisement styled as “Stock Trading Devil”, was induced to join a WhatsApp group under the name “Equity Asset Management Group 605” through a link shared with him. Acting upon the representations made in the said group and believing the same to be genuine, the petitioner transferred a sum of ₹8,00,000/- on 01.02.2024 from his SBI Account bearing No.39171733954 maintained with respondent No.1 – Bank to an account bearing No.42366031032 standing in the name of “Shri Krishna Enterprises” maintained with respondent No.2 – Bank.

4. It is the specific case of the petitioner that immediately after effecting the transfer, he was informed by the concerned user that the beneficiary account was under hold, which raised suspicion. Realising that he had fallen prey to a fraudulent scheme, the petitioner promptly approached the respondent-Bank and submitted a representation seeking reversal of the said transaction. Simultaneously, the petitioner lodged a complaint before the jurisdictional police on 16.02.2024, which culminated in registration of FIR in Crime No.16/2024 for the offences alleged.

5. The gist of the petitioner’s grievance is that despite the learned Magistrate having issued specific directions to respondent Nos.1 and 2 – Banks to reverse the transaction and re-credit the amount of ₹8,00,000/- to the petitioner’s account, and despite due intimation having been furnished to the Banks as evidenced by Annexure-‘J’, the respondent-Banks have failed to act upon the said judicial direction. It is in this backdrop that the petitioner is constrained to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

6. Per-contra, respondent Nos.1 and 2 have entered appearance and filed their statement of objections resisting the petition. Having heard the rival submissions, the short point that arises for consideration is:

“Whether respondent Nos.1 and 2 – Banks are justified in withholding compliance of the direction issued by the learned Judicial Magistrate on the groun