I checked my Bank Balance
9 months ago
Hello Sir/Ma’m, Yesterday in Morning I checked my Bank Balance have some -ve balance and received amount from some party is freeze in bank account. Today I went my bank and they informed me that someone lodged (3) complaints of dated 27/06/23(1), 06/07/23(2) and Amount around of total 1,50,000/- is frozen by bank due to that complaint.
From last Month date 02/06/2023 I started a passive source of income as I am injured and on medical leave from more than a month, it’s Person to Person transfer of funds after buy/sell of digital assets on trading platform. I was not aware but in some time I came to know and also start collecting KYC documents for every source of payment transactions, to avoid any misuse or circulation of black money in market.
With due respect I want to clarify that I am a responsible citizen and never took any wrong or illegal money to and from anybody. Also I have properly filed ITR and working in Govt. Sector from last 14 years. Still I am scammed by someone with no proof and charge. Although my money is on hold by some unknown FIR. FIRs starting from mha***********(all 3 of them).I want to sort all these things out as soon as possible.
Please provide some information and if possible any legal help to sort this fake complaint out also punish that culprit who lodges false complaint and allegations which leads to freezing of funds and hence seize profits can be make by them.
Bank sometimes freezes your account if it detects any sort of illegal activity on the instructions of the Police. Please go to the Police station with your lawyer and apply to unfreeze your account
The Bankers are obliged to freeze the account as per the instructions of Police. If you have not involved in any illegal transaction then get defreeze your account and also fight for getting back your lost amount.
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Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within 30 days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
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