Related court order

Dear Client,
In the course of an investigation into a reported cyber scam, when an amount is traced out and put on hold, the victim can move a petition under Section 457 of Cr. PC (now Section 497 of the BNSS) before the court of Magistrate, praying for the release of the said amount. Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen or put on hold under a 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 on-hold amount to the applicant victim, and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell pursues the matter with the concerned banks and the amount is refunded to the accounts of the victim. If you encounter difficulties or need assistance with the legal procedures, consult with a lawyer specializing in cyber and banking law to navigate the issues effectively.

Dear Sir,

You (or through your lawyer) have to file an application/petition before the same court that passed the order to freeze/hold the amount. The steps are:

(A) If you have settled with the bank:

Get a No Due Certificate / Settlement Letter from the bank.

File a Joint Memo / Compromise Petition in the pending case under Section 147 of Negotiable Instruments Act (if it’s a cheque bounce) or simply under Order XXIII CPC (if civil recovery).

After recording the settlement, the Court will pass an order to withdraw/release the attached/hold amount.

(B) If you have not yet settled but want interim relief:

File an Interlocutory Application (IA) before the same court praying for “release of attached bank account/hold amount” citing hardship, and offering alternative security (surety, property document, etc.).

Court may allow partial release or full release depending on your case.