ORDER

14.08.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement

(Virtual/Physical Mode).

2. This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to direct the Opposite Party No.2 to defreeze/unfreeze his Bank Account, i.e. Account Name- SP Innovations Technologies LLP, Account Type-Current, Account No-039100106699, Branch-Bangalore, IFSC Code- COSB0000039, Bank Name-Cosmos Bank (Opposite Party No.4).

3. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties and Mr. Bijit Kumar Behera, Inspector of Police, CID and CB, Cuttack, who is present in person in Court today. Perused the materials on record.

4. On perusal of the materials on record, it appears that a compliant was lodged in the NCRB portal regarding commission of a cyber crime by one Rahul Jeet. In the said complaint, it has been alleged that the Petitioner’s firm, which is engaged in the business of software development and consultation and has branches in Bangalore, Kolkata and overseas (in U.S.), has fraudulently debited a sum of Rs.13,000/- from the bank account of the present Petitioner through the Opposite Party No.4-Bank, where the Petitioner’s company has its current account, i.e. the money from the bank account of the complainant has been transferred to the account of the present Petitioner maintained by the Opposite Party No.4-Bank at Bangaluru.

5. Learned counsel for the Petitioner contended that the money, which was wrongly debited to the account of the complainant and credited to the account the Petitioner-Company, has already been returned to the complainant.

6. The Inspector of Police, CID & CB, Cuttack, who is present in Court today, admitted that a sum of Rs.13,000/- has already been credited to the account of the complainant in the meantime by the Petitioner, therefore, the alleged cheated amount has already been returned.

7. Learned counsel for the Petitioner further contended that the bank account of the Petitioner has been freezed by the Opposite Party No.4-Bank on the request of the Cyber Crime Police Station.

He further contended that the Petitioner’s company is facing immense difficulties in transacting their day to day business activities as their bank account has been freezed.

8. Learned counsel for the State, on the other hand, opposed the prayer to defreeze the bank account of the Petitioner on the ground that there are several complaints pending against the Petitioner’s company with regard to allegation of commission of cyber fraud crime. The Inspector of Police, CID & CB, Cuttack, who is appearing in person, submitted that on the basis of the complaint lodged by different persons in a portal provided by the NCRB, the concerned bank acted upon such information and immediately freezed the accounts of the persons involved in such type of cyber fraud. He further contended that a total 23 complaints have been received against the Petitioner’s company as is evident from the said web portal. So far the state of Odisha is concerned, there was only one complaint by the present complainant regarding illegal transfer of a sum of Rs.13,000/- from his account which has been transferred to the Petitioner’s company account.

9. On a query being put by this Court, the Inspector of Police, CID & CB, Cuttack, has submitted that apart from the complaint lodged by the present complainant, there is no other complaint in the State of Orissa and that the complainant in the present case has already received the money that was debited.

10. Learned counsel for the Petitioner, at this juncture, contended that on the basis of the letter written by the Opposite Party No.3, the bank account of the Petitioner has been freezed by the Opposite Party No.4-Bank. He further contended that since there is one complaint and the complainant has already been repaid the illegally debited amount in the meantime, the Opposite Party No.3 be directed to write a letter to the Opposite Part