cyber crime investigator said you will not get your lost money

Dear client,



1)Maintain regular communication with the cybercrime investigator handling your case. Request updates on the status of the investigation, and ask for clarification on what "Layer 4" means in terms of the investigation and fund recovery.
Ensure that you have a copy of the FIR and any other relevant documentation related to your complaint.
Contact Axis Bank:

2)Reach out to Axis Bank's customer service and the branch where you have your account. Ask for a detailed explanation of why the funds are on hold and inquire about their policies regarding frozen accounts related to fraud cases.
Request that they provide you with documentation outlining their decision to hold the funds, including any legal basis for their actions.


3)If you're not receiving satisfactory responses from either the cybercrime unit or Axis Bank, consider filing a formal complaint with the Banking Ombudsman. This is an alternate dispute resolution mechanism available for customers facing issues with banks.
Provide all necessary documentation, including the FIR, correspondence with the bank, and any communication with the cybercrime unit.

4)Given the complexities involved, consider consulting a lawyer who specializes in cybercrime or financial fraud. They can provide you with tailored advice and help you understand your legal rights regarding the recovery of your funds.
A lawyer can also guide you on potential legal action against the bank if they are unjustly withholding your funds.


5)If the issue remains unresolved, you can escalate your complaint to higher authorities within Axis Bank or the Reserve Bank of India (RBI). The RBI has mechanisms in place to address grievances against banks.

6)You can also approach the National Cyber Crime Reporting Portal for further assistance and to ensure your case is being taken seriously.
Documentation:

7)Keep detailed records of all your communications regarding the fraud and your attempts to recover the funds. This includes emails, call logs, and any written correspondence with both the bank and the cybercrime unit. Documentation will be crucial in any legal proceedings or escalations.
Seek Support from Consumer Forums:

8)You can also file a complaint with consumer forums, such as the Consumer Forum in your area, which can assist in resolving disputes related to financial transactions and services.
Important Considerations:

9) Understand from the cybercrime investigator what "Layer 4" specifically entails. This term might refer to the money being in a certain phase of the investigation where recovery is uncertain.

10) Dealing with cybercrime and financial institutions can be time-consuming. Be persistent in your follow-ups and ensure you escalate issues when necessary.

While it can be frustrating to deal with the aftermath of online fraud, staying organized and proactive will help you navigate the situation more effectively. Consulting with a lawyer is important, as they can provide guidance based on the specific nuances of your case.

Dear Client,

In your situation where you have been a victim of online fraud and the cybercrime investigator has informed you that the money is in "Layer 4" and Axis Bank is not releasing the funds, there are several steps you can take to pursue the recovery of your money and address the issue legally:


Ask the cybercrime investigator to explain what they mean by "Layer 4" in detail. Typically, money involved in online fraud is transferred through multiple layers of accounts (also known as money laundering or layering) to make it difficult to trace. The earlier the funds are tracked, the higher the chances of recovery.
Request an official status report of the investigation, including the specific reason why they believe the money is not recoverable. If they have identified the accounts where the funds have been transferred, you may ask them to freeze those accounts.

Visit Axis Bank directly and file a formal dispute resolution request with the bank's fraud department. Provide the bank with the FIR or complaint copy from the cybercrime unit and request them to help recover the funds or freeze the fraudster’s accounts.
Banks are required to cooperate with law enforcement in cases of fraud. They should be able to provide the necessary support to trace and freeze the accounts if the money is still within the banking system.

If Axis Bank is refusing to release the money or is not cooperating, you can file a complaint with the Banking Ombudsman under the Reserve Bank of India (RBI). The Ombudsman handles complaints related to banking services, including fraud and negligence. You can submit a complaint online through the RBI Ombudsman portal.
Make sure to attach all relevant documents, including the complaint filed with the cybercrime office, correspondence with the bank, and any proof of the fraud.

If your money is still on hold and neither the bank nor the investigator is providing assistance, you can file a civil suit for recovery of money in a civil court. In this case, the fraudster’s bank accounts will need to be traced, and you can request the court to order the release of your funds from Axis Bank.
In parallel, you can also request an injunction from the court, ordering the bank not to release any funds from the fraudster's accounts while the case is under investigation.

Ensure that the cybercrime office continues its investigation by regularly following up with them. You can request further actions such as tracking down additional transactions in the fraud chain or freezing other associated bank accounts.
In cases where the investigation seems to stall, you can escalate the issue to higher authorities within the cybercrime division or the local police commissioner.

You may consider contacting the National Payments Corporation of India (NPCI), which handles online banking transactions and payment systems in India. They can provide additional support for recovering funds in cases of online fraud.


Regards

Dear Client,
Once a cyber scam is reported to the cyber crime cell and they send messages informing you that a certain amount of scams have been put on hold, means that the authorities have frozen an amount of money in the account of the person or entity suspected of committing the crime. Section 457 of the CrPC(now Sec,503 of BNSS) 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 an indemnity 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. This serves as a form of security to ensure that the funds are handled responsibly. an indemnity bond is usually executed on a non-judicial stamp paper of appropriate value and should be signed by two witnesses and two sureties supported by an affidavit to be verified in the presence of a First Class Magistrate or a Notary Public. Once this is done, the Magistrate passes an order to release the frozen amount to the applicant victim. So, you can file a petition under Section Section 503 of BNSS 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 indemnity bond, the Investigating Officer of the Cyber Cell will follow up the matter with the banks and the frozen amount is refunded to the accounts of the victims. If required, you may take the service of an Advocate to navigate the issue in the right way.

Dear Sir/Madam,
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 Thirty 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.



Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
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Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond.