• De-freezing of bank account

My SBI savings bank account was frozen on intimation by cyber crime police, Bengaluru a month and half back. Presently the FIR no. which has been linked with this case has moved to court and the same the case has been disposed a month ago.
The FIR was registered against an unknown person (I have gone through the FIR copy online). 
I am no where related to this case. The charge was that the complainant has deposited an amount of money in my bank account against providing employment opportunities.
Since I am nowhere related to the case I want my bank account to be released at the earliest and I also want to register a defamation case against the complainant.

Email ide: [deleted]
Asked 6 years ago in Criminal Law
Religion: Hindu

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13 Answers

Dear Client,

Either approach bank ombudsman with copy of court order that you are no where related to crime/case or file  application in jurisdictional court for de freezing of bank account. This can also be done sending legal notice to bank.

The appropriate remedy would be to lodge an FIR against the person for malicious prosecution and for loss of reputation( defamation).

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Apply ti the bank for de freezing your bank a/c on the ground you have mentioned here.

2. If your name does not appear here nor the Police has found your complicity in it in any manner then you can approach the Police so it instruct the bank to de freeze it.

3. if this does not work then filing of writ petition remains only option.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

File a writ petition before high to de-freeze your account the highcourt shall pass appropriate direction in the matter.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  IF Bank account operations was frozen on written orders of the Police Dept.,  and further IF there are no criminal case pending against your name in any court, THEN the account can be un-frozen only by another order of the Police Dept.,  OR by the specific orders of the relevant court.

2.  Defamation case is not possible, BUT criminal case for "intimidation, harassment, cheating, fraud, etc...." is possible, buy only as a private criminal case in the local magistrates court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

File a writ petition is only option 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to make application to trial court to defreeze your account 

 

2) you are at liberty to file defamation case against complainant 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

1. get an order from the court for de-freezing your bank account

2. you can file a criminal complaint against the complainant 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Hi, file a civil suit for permanent injunction on court to restrain the bank officials and state police to freeze your account 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Since the bank has frozen your bank account on the instructions of police, you may issue a legal notice to the bank about this and instruct them to release the same immediately, let them give a reply expressing their inability after which you can issue a legal notice to the concerned police directing them to release the same since the FIR registered by them stands disposed and ther was no case registered against you.

After this step you may initiate proper legal steps against police if they do not comply with the demands made by filing a writ petition before high court in this regard.

Defamation case cannot be made against the complainant because he has not filed the case against you.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You need to apply to the court to defreeze your account.  You can also file defamation case if proved that the said conduct has tarnished your reputation

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1. The quickest way to unfreeze your account is to approach the cyber cell of the police.

 

2. Write to the said cyber cell asking them to unfreeze your account since the related FIR has been dismissed.

 

3. If police fails or refuses to act, file a Writ Petition against police inaction praying for an order upon the police and bank to unfreeze the account and pay damages to you.

 

4. You can ofcourse file a defamation suit against the complaint for causing damage to you by defaming you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

  1. You may not be able to prove the defamation of either of the nature whether civil or criminal as per the facts of case, but yes you can file a suit for compensation against the complainant for filing FIR when your account did not receive any such amount.
  2. You will have to file an application before the same court where the matter was pending, seeking de-freeze of your bank account.
  3. If the registry of the court puts any objection to it then please mention the matter before the DJ and get the same listened by the same court or from a new court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

If the bank has freezed your account based on written instructions of police without an FIR, then you have to move the High Court against the police. If the bank has freezed your account on oral instructions of police, you can approach bank ombudsman or file a police complaint against the bank. You can also move an application before the jurisdictional court for lifting of freeze

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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