I am a crypto trader and was doing person to person trading on binance. Recently an FIR had been lodged against me for fraudelent transaction in which the person who traded with me reported that he/she had not received crypto in his/her account after sending payment to my bank account. But i have successfully paid crypto as per confirmation from binance app and same proofs i had submitted to police also. Because of this FIR my bank account is freezed and police is telling me to come approx 2000 kms away from my home to record my statement. I am facing harassment both mentally and financially due to this freezing of account and i am at no fault due to this accusation. Kindly suggest a way that would should I do to unfreeze my savings account and to avoid travelling 2000kms as it will cost me travel charges of around 15000 whereas the disputed amount is only 40000 for this whole case.
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An application has to be filed before the police/investigation officer stating the transaction along with relevant evidence.
For that you have to go. There is nothing that can be done. Consider this as a bad debt but if you don't go then the police may file a charge sheet.
You may send a representative.
You need to approach the trial court Or high court for Unfreezing the same on grounds of non necessity of freezing the said account
When a FIR is lodged against you police issued notice to record accused statement
2) you should cooperate with investigations and travel to record your statement
3) if there is no evidence against you police would file closure report
You can talk to complainant and try to sort out the things amicably.
If your efforts fail then you can try the legal option.
You may inform the police that you may not be able to attend the police station physically but would co-operate with them for distance.
You can attach the documentary evidences along with your statement to prove your innocence
Hire a local lawyer to file the evidence on your behalf.
Once police are satisfied that no offence has been committed by you, they'll file a B-report and the case will be closed.
Police have no right to freeze any bank account without court permission/order. You can approach the court to unfreeze your account or you have to wait until you are found innocent in some cases.
- Since, there is already an FIR against you , then you can send a reply to the I.O. of the case after attaching the proof of crypto transfer , and further send a copy of the same to the complainant of that FIR
- Further, if you will not co-operate with the I.O. of the case , then a warrant can be issued against you.
- Further, you can also settle the dispute with the complainant with the condition to record his statement before the I.O. of the case.
I want to add some things to the above said question 1) I have already submitted all proofs and evidences to police I.O and also at their registered mail id in which payment is acknowledged legal by binance app and it clearly mentions that complainant received crypto in her account 2)The complainant who filed FIR,her phone number is switched off and whenever i tried to contact her with different number she blocks her contact. If I go with legal case in high court,will my account stay freezed till we reach to the verdict,my funds will be freezed for 1/2 years? If i have already submitted all proofs to investigation officer and told them that i won't be able to come physically but i am able to co-operate in any means they required,am i still liable to go to the police station? This will cost me travel expenses unnecessary and further adds to mental harassment as well.
You are liable to visit local police station
2) it will take time to obtain court orders for un freezing of d bank accounts
- Since , you have already submitted the required evidences even by way of post , then wait for his reaction
- However, you should also inform the said I.O. that the complainant has malafidely lodged an FIR , and presently her number is switch off .
- However, you can file quash petition before the high court for cancelling that FIR , but the problem is distance ,hence you should wait for the response of the said I.O. of the case.
When considering the issue of whether ‘bank accounts’ fall within the scope of Section 102 of the CrPC, it was held by the Supreme Court in State of Maharashtra vs. Tapas D. Neogy,[2] that even bank accounts fall within the phrase ‘any property’ under Section 102 of the CrPC and could therefore be frozen by the investigating authorities, if found to have direct links with the commission of an offence.
The Court in the matter also observed that there should be prima facie evidence to indicate that there are entries in the bank account which can be connected to the commission, result or proceeds of a crime.
The most often contravened condition under Section 102 of the CrPC is the requirement to apprise the Magistrate of the seizure of the property. Section 102(3) of the CrPC clearly mandates that “[e]very police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction”. The violation of this mandatory condition is what often allows the courts to direct the de-freezing of bank accounts.
ou may approach concerned judicial magistrate with an application seeking to de-freeze the bank account for the reasons you may rely upon
Yes you can do the above
Dear Client,
Courts have allowed for de-freezing of bank accounts on the direction that the party execute a bond for the concerned amount before the Magistrate and produce such amount if so directed by the Magistrate. Section 457 of the CrPC empowers the Magistrate to deliver the seized property to the entitled person.
If the police summon you in writing then you have to present yourself at the police station.
Police calling the accused and accuse appearing before police for investigation is one of the conditions of the anticipatory bail that the accused shall make himself available for investigation as and when required by the investigating officer.
Thank you.