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High Court of DelhiCRL.M.C./8658/2025

Rp Buildwell Pvt Ltd v. State Of NCT Of Delhi

2025-12-04Hon'Ble Mr. Justice Amit Mahajan3 pages

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8658/2025 & CRL.M.A. 36164/2025 RP BUILDWELL PVT LTD .....Petitioner Through:

Mr. Chirag Madan, Adv.

through V.C.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Sunil Kumar Gautam, APP for the State.

SI Mandeep Kumar, PS Punjabi Bagh.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 04.12.2025 1.

The present petition is filed challenging the order dated 04.06.2025 (hereafter 'impugned order'), passed in the case arising out of FIR No. 57/2020, registered at Police Station Punjabi Bagh, whereby the learned Magistrate dismissed the application filed by the petitioner for defreezing of its bank account as it was submitted by the IO that the accused persons were not cooperating with investigation.

2.

The petitioner is seeking defreezing of its Current Bank Account No.01342320002338 being maintained with the HDFC, Mayur Vihar, which was frozen at the instance of the police pursuant to the registration of the FIR against the petitioner and other accused persons, on the ground that a substantial sum has already been deposited in favour of the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

It is the case of the prosecution that the accused persons had committed the offence of forgery and cheating and duped the complainant of a total sum of ₹1.50 crores.

4.

It is not disputed that the complainant has already received a total sum of ₹1 crore from the accused persons in the proceedings in bail applications filed by them before this Court. 5.

On being asked, it is informed that approximately a sum of ₹2.50 lakhs is the balance in the subject bank account, which is frozen by the Police authorities.

6.

Once a substantial amount has already been released in favour of the complainant, this Court finds no impediment in allowing the petitioner to operate the subject bank account. The petitioner is a company and would certainly need to operate the bank account for the purpose of statutory requirements and payments. Even otherwise, no purpose will be served by keeping the account frozen once the substantial amount has already been received by the complainant.

7.

In view of the above, the impugned order is set aside and consequently, the HDFC Bank, Mayur Vihar, Delhi is directed to defreeze Bank Account No.01342320002338 and to allow the same to be operated by the petitioner on the strength of the present order.

8.

The petitioner is directed to deposit the amount currently lying in the subject bank account with the learned Trial Court within a period of four weeks from date.

9.

Let the amount so deposited be kept in an interest-bearing FDR in an auto renewal mode.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The present petition is allowed in the aforesaid terms. Pending application also stands disposed of.

AMIT MAHAJAN, J DECEMBER 4, 2025 "SK"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.