Order

1. The present writ petition has been filed with the following prayers:-

i) By an appropriate writ, order or direction, the respondents may kindly be directed to de-freeze the bank account bearing account No.39692067106 in respondent bank.

ii) By an appropriate writ, order or direction, the respondents may kindly be directed to not freeze the bank account of the petitioner in future without prior notice.

iii) Any other order or direction which this Hon'ble Court may deem just & proper in the facts & circumstances of the case, in favour of the petitioner.

iv) Cost of the writ petition may kindly be awarded to the petitioner.

2. Learned counsel for the petitioner submits that the petitioner has never misused the aforesaid bank account for the purpose of illegal transactions and has not committed any cyber crime and has no relation whatsoever to the alleged fraudulent transaction(s). Counsel further submits that no FIR has been lodged in the matter and petitioner is ready & willing to co-operate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. Therefore, while the disputed amount which has been received in the petitioner's bank account may be frozen, the amount other than the disputed amount may kindly be allowed to be withdrawn and the petitioner may be allowed to operate and carry out the banking transactions from the said bank account.

3. Per contra, learned counsel for the respondent-Bank submits that the disputed amount i.e. Rs.200/- and the bank account of the petitioner has been frozen strictly in compliance of financial cyber fraud complaint(s).

4. Learned counsel for the respondent-Bank further submits that the petitioner may be directed not to discontinue the bank account until the investigation is completed or the criminal case is decided.

5. Learned counsel for the respondent-State submits that as the petitioner is the beneficiary of an amount involved in a financial cyber fraud complaint and the investigation is undergoing, no interference is called for at this stage.

6. Heard learned counsel for the parties.

7. In view of the submissions so made, this Court is of the considered view that merely because a certain amount has been transferred to the petitioner's bank account in an alleged fraudulent transaction, the act of freezing the entire bank account and imposing complete restriction on banking transactions at this stage will seriously prejudice the rights of the petitioner. At the most, the Bank can keep a lien on the amount to the extent it relates to the alleged fraudulent transaction(s) credited in the petitioner’s bank account.

8. Consequently, this writ petition is disposed of with the following directions:-

i) The respondent – Bank shall de-freeze the bank account No.39692067106 of the petitioner maintained at SBI, Branch situated at Govind Garh, Malikpur, Chomu, Jaipur Branch, positively within a period of three days from the date of submission of certified copy of this order and the petitioner may be allowed to operate and carry out banking transactions in the said bank account over and above the disputed amount, in accordance with law. However, the disputed amount i.e., Rs.200/- which has been credited in the petitioner’s bank account in connection with the alleged fraudulent transaction(s) shall remain frozen;

ii) The petitioner shall co-operate with the Bank Authorities and the Investigating Agencies and will appear before them, as and when required;

iii) The petitioner shall not close or discontinue the bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so;

iv) If the involvement of the petitioner is found in any illegal transaction(s), the petitioner shall be liable to pay amount involved in the aforesaid illegal transaction and will face inquiry/investigation as per law; and

v) The petitioner shall ensure that all the compliances requir