HIGH COURT OF MADHYA PRADESH
Sachin – Appellant
Versus
Hdfc Bank – Respondent
WP 47523/2025
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 12 OF DECEMBER, 2025 WRIT PETITION No. 47523 of 2025 SACHIN Versus HDFC BANK AND OTHERS Appearance:
Shri Rakesh Kumar Sharma - Advocate for the petitioner.
ORDER By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:
"7. यह (cid:3)क, यािचका िनधा(cid:11)(cid:10) रत मु(cid:16)ाप(cid:18)(cid:19) पर स(cid:21)वनय (cid:23)(cid:24)तुत है।
7. यािचकाकता (cid:10)सहायता चाहता है (cid:3)कः-
(1) यह (cid:3)क (cid:23)(cid:28)यथ(cid:30) (cid:31)मांक 1 को यािचकाकता (cid:10) का उ(cid:35) खाता सं(cid:37)या 50100604820511 अन(cid:39)(cid:40)ज (cid:3)कये जाने हेत ुउिचत आदेश (cid:23)दान करने क(cid:40) कृपा कर(cid:47)। (2) यह (cid:3)क, अ(cid:48)य जो भी (cid:48)यायानुकुल सहायता जो माननीय (cid:48)यायालय यािचकाकताग(cid:10) ण के मौिलक अिधकार(cid:19) क(cid:40) र(cid:55)ा बाबत ् उिचत समझे वह िनद(cid:59)श (cid:23)दान (cid:3)कये जाव(cid:47)। "
2. The grievance of the petitioner is that the petitioner is engaged in trading of shares in the share market and his bank account with the HDFC Bank has been frozen at the instance of respondent No.2 and 3, the Cyber Crime Police CCB, Chennai, Tamil Nadu as has been informed to the petitioner by the bank. The account of the petitioner has been frozen can also be demonstrated from the bank account which has been filed by the petitioner wherein the bank authorities have endorsed that the account has been frozen.
3. Counsel for the petitioner has submitted that according to the information received there is some transaction by the petitioner with an online firm through an App which according to respondents 2 and 3 is of dubious nature which has led to freezing of national Bank account.
4. Counsel has also drawn the attention of this Court to an order passed in an identical case, in the case of Gautam Bhandari and Others Vs. State Bank of India and Others passed in W.P. No.30822/2024 dated 25.10.2024 wherein also, in an identical case, this Court had granted a relief to the petitioner that the amount which is disputed may be kept in a fixed deposit by the bank, with further direction that the competent Judicial Magistrate shall proceed in accordance with law under Section 102 of Cr.P.C.. Thus, it is submitted that the petitioner also agrees that the amount relating to questionable transaction may be kept in a fixed deposit, and the petitioner may be allowed to operate his account.
5. Heard. On due consideration of submissions and on perusal of the documents filed on record, this Court finds the prayer reasonable and innocuous, as no prejudice would be caused either to the Bank or to the respondents No.2 and 3, if the disputed amount is kept in fixed deposits, as has been ordered by this Court in the case of Gautam Bhandari (Supra). Thus maintaining the prity, this Court is inclined to allow the present petition as well.
6. So far as the order passed by this Court in the case of Gautam Bhandari (Supra) is concerned, the same reads as under:-
1. This petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following reliefs:-
"It is therefore most humbly prayed by the petitioner that by a suitable writ order or direction this Hon’ble Court may be pleased to: -
a) This petition may kindly be allowed with cost.
b) To direct the Respondent No. 6 to 10 thereby directing Respondents to remove the hold/freeze on the Bank account of petitioners.
c) Issue such other orders, writ, and direction as this Hon’ble court deems fit in the interest of justice in favour of petitioner. "
2. The grievance of the petitioners is that their accounts have been freezed on account of some fraudulent activity.
3. Counsel for the petitioners has submitted that the petitioners are medical students, studying in fourth semester in Aurobindo College, Indore and were also trading in Crypto currency, in which the aforesaid transactions were made in their accounts
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