Venkatesan (Sole Proprietor ) v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Venkatesan, (Sole Proprietor) M/s.GETS INFOCOM, No.4/149 Shop No.15 1st Floor, Khaleeli Centre, Alsa Mall Complex, Motieth Road, Egmore, Chennai-600 008.
....
Petitioner Vs
1. The Branch Manager, The Karur Vysya Bank Ltd., No.484, 485, Pantheon Plaza, Pantheon Road, Chennai-600 008.
2. The Deputy Superintendent of Police, Office of Cyber Cell Gujarat,
3. The Inspector of Police, Bapod Police Station, Bapod Talav Near, New VIP Road, Vadodara, 4.The Superintendent of Police, Office of the Superintendent of Police, UNA District, Himachal Pradesh State.
....
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6
India, for the issuance of Writ of Mandamus directing the first respondent to forthwith defreeze my current account in A/c.No.1283135000010750 and to consequently permit me to operate my current account. For Petitioner : Mr.M.Manojkumar For Respondents : Mr.P.Raghunathan for M/s.T.S.Gopalan & Co for R1 : No Appearance (R2 to R4 - Notice Served)
O R D E R
This Writ Petition has been filed seeking a direction to the first respondent to defreeze the petitioner's current account in A/c.No.1283135000010750 and also permit him to operate his current account.
2.
The petitioner is having current account (A/c.No.1283135000010750) with the first respondent . On 13.09.2023, a sum of Rs.80,000/- was withheld without any reason from the petitioner's account by the first respondent. Once again on 12.03.2024, a sum of Rs.60,000/- has been withheld by the first respondent bank and his 2/6
account was also freezed. On an enquiry, it was revealed that on the request made by the third respondent, the amount has been withheld and his account was freezed.
3. The learned counsel appearing for the first respondent submitted that on the request made by the third respondent, the amount has been withheld and the petitioner's account was freezed.
4. Though notice was served on the third respondent and his name was also printed in the cause-list, no one appeared before this Court either in person or through counsel.
5. Admittedly, the petitioner is not an accused in any case. That apart, on perusal of the communication to the first respondent revealed that no case has been registered so far as against the petitioner or any other accused. The petitioner was not served any notice under Section 41 A of Cr.P.C or 91 of Cr.P.C Further, there is no proof to show that the third respondent issued notice under Section 102 of Cr.P.C to freeze the account.
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6. In view of the above, no purpose would be served in keeping the petitioner's current account freezed. Hence, the first respondent is directed to defreeze the petitioner's account and permit him to operate the same forthwith.
7. With the above direction, this Writ petition is dismissed. No costs.
20.03.2025 Vv To
1. The Branch Manager, The Karur Vysya Bank Ltd., No.484, 485, Pantheon Plaza, Pantheon Road, Chennai-600 008.
2. The Deputy Superintendent of Police, Office of Cyber Cell Gujarat,
3. The Inspector of Police, Bapod Police Station, Bapod Talav Near, 4/6
New VIP Road, Vadodara, 4.The Superintendent of Police, Office of the Superintendent of Police, UNA District, Himachal Pradesh State.
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G.K.ILANTHIRAIYAN, J.
VV 20.03.2025 6/6