After court order After court order

1 month ago

I got a judgement from court, directing the bank to release 18.66 into my account within 10days, in case filed by Cyber Crime. How much amount i will recover & how many days, as order mentions 18.66 lacs and 10days

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

In the context of executing an order, if there is an inordinate delay surpassing the timeline, the decree-holder has the option to file an application before the court for the execution of the order. The order becomes enforceable once the specified timeline for execution expires. Under Section 457 of the Code of Criminal Procedure (CrPC), a Magistrate is empowered to exercise discretion in ordering the conditional release of funds frozen under a cyber scam.

In such a scenario, the police may request a bond from the victim, requiring a declaration that they will pay 1.5 times the refunded amount to the bank if their claim is found to be false or if other claims are made on the amount. Following this process, the Magistrate can execute an order to release the frozen amount to the victim upon receipt of the bond.

To initiate this process, you can file a petition under Section 457 CrPC in the jurisdictional court, seeking an order for the release of the frozen money. Upon receiving the court's order and the necessary bond, the Investigating Officer of the Cyber Cell will coordinate with the banks to ensure the refund of the amount to the accounts of the victims.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers
A.Dear Client,
Given the timeline for the execution of an order and in case of inordinate delay in execution exceeding the timeline, the decree-holder can file an application before the Court for the execution of the order which becomes enforceable on the expiry of the timeline of execution of the order. Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen under cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1. 5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the frozen amount to the applicant victim. So, you can file a petition under Section 457 CrPC in the jurisdictional court praying for an order for the release of frozen money and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell will follow up the matter with the banks and the amount is refunded to the accounts of the victims. If required, you may take the service of an Advocate for guidance and steps
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconlost money to a consulting firm assuring job
Dear Client, Please file a cyber complaint for online fraud and scam. The national cybercrime hotline number is 155260. File your online fraud complaint at https://cybercrime.gov.in/ Keep validating...
question iconRegarding fraud payment issue by skillnation
Dear Sir, Fees refund: Should students sue education institutes and can they do so? Yes! Courtesy: (Dushyant K Mahant, is Founding Partner of Mahant & Mahant • Law is on the side of students who wan...
question iconOnline Job
http://interfraud.org/ni_fake_jobs.htm The fake job offer fraud. They promise a job - but first you must pay. Please do not send money via Western Union. This page: The fake job fraud, see also I...
question iconUPI Cyber Crime EPFO related
Dear sir, you must pursue the matter in person so that you can clarify all the doubts of investigation officer. Immediately approach the nearest cyber police station.
question iconBank not responding to court's order of release amount hold
Dear Sir, You may inform the concerned Court about such any action by the Bank and also send a legal notice and thereafter approach High Court.