Ikshavaku Software Ventures India Private Limited v. The State Of West Bengal And ORS.

ML 134 16.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 24749 of 2024 Ikshavaku Software Ventures India Private Limited -versus State of West Bengal & Ors.

Ms. Amrita Pandey.

Ms. Roma.

...For the Petitioner.

Ms. Sonali Mukhopadhyay.

Ms. Debika Misra.

... For the DBS Bank.

Mr. Gaurav Das.

Ms. Dipanwita Ganguly.

... For the State.

1. Affidavit-of-service filed in Court today be kept with the records.

2. The bank account of the petitioner stood frozen in view of the direction passed by the Cyber Crime Police Station, Chandannagar Police Commissionerate as the same was found to be involved in fraudulent transactions. A sum of Rs. 14,32,000/- has been found to be transferred fraudulently in the said account.

3. A criminal proceeding being FIR nos. 75/2023 dated 10th November, 2023 Chandannagar Cyber Crime P.S. is pending consideration before the learned Trial Court.

4. The petitioner prays for de-freezing his account beyond the amount found to be disputed.

5. The petitioner relies upon orders passed in its favour by the High Court of Kerala wherein direction was

passed to confine the freeze only upto the disputed amount.

6. The bank does not have any objection if any amount over and above the amount involved in fraudulent transaction is directed to be de-freezed.

7. In view of the above the bank is directed to restrict the freeze of the bank account of the petitioner to the tune of Rs. 15 lakh only. The petitioner shall be permitted to operate the balance amount in the subject bank account.

8. The petitioner shall be duty bound to comply with the order/direction passed in the criminal case that is proceeding.

9. The report filed by the Inspector-in-Charge, Cyber Crime PS, Chandannagar Police Commissionerate dated 15th January, 2025 and the supporting documents forwarded by the police be retained with the records.

10. The writ petition stands disposed of.

11. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)