Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka on 10 June, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:20496
CRL.P No. 5134 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 5134 OF 2024
BETWEEN:
AXIS BANK LTD.
A BANKING COMPANY
CARRYING ON THE BANKING BUSINESS
UNDER THE BANKING REGULATION ACT, 1949
INCORPORATED UNDER THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT TRISHUL
3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE
LAW GARDEN, ELLIS BRIDGE
AHMEDABAD - 380 006, GUJARAT
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED
6/1, UPPER GROUND FLOOR
INSPIRE JAORA COMPOUND STREET
USHAGANJ, INDORE 452 001
Digitally signed
by REPRESENTED BY ITS BRANCH HEAD
MARKONAHALLI
RAMU PRIYA MRS. ARCHANA GULERIA
Location: HIGH
COURT OF AGED ABOUT YEARS
KARNATAKA
ALSO AT W/O.ROBIN GULERI HOUSE NO.500/64
J.B.R.S NAGER,
LUDHIANA
LUDHIANA PUNJAB 141 001
...PETITIONER
(BY SMT. ANNAPOORNA S, FOR
SRI. UNNIKRISHNAN M., ADVOCATES)
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NC: 2024:KHC:20496
CRL.P No. 5134 of 2024
AND:
1. THE STATE OF KARNATAKA
SOUTH CEN CRIME POLICE STATION
SOUTH DIVISION
BANGALORE CITY
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA
BANGALORE 01
2. BINDU J
C/O B. JAGANNATH
AGED ABOUT 31 YEARS
R/AT VISHRANTHI P G FOR GIRLS
BANASHANKARI 2ND STAGE
BANGALORE 560 070
...RESPONDENTS
(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 11.08.2023 PASSED BY THE
HONBLE 1ST ADDL. CMM, BANGALORE IN CR.NO.124/2023 I.E.,
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
CURRENT ACCOUNT BEARING A/C NO.920020056709600
MAINTAINED IN THE PETITIONER BANK.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-Axis bank under Section 482 of Cr.P.C. challenging the order dated 11.08.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Crime No.124/2023 on the application filed under Sections 451 and 457 of Cr.P.C. by the respondent No.2 for -3- NC: 2024:KHC:20496 CRL.P No. 5134 of 2024 releasing the amount to the respondent No.2. Looking into the facts and circumstances of this case, notice to respondent No.2 is dispensed with.
2. The case of the petitioner is that the respondent No.2 filed an application for de-freezing the account which was freezed by the police during the investigation in Cr.No.124/2023 for the offences punishable under Sections 419 and 420 of Indian Penal Code,1860 and Sections 66C and 66D of Information Technology Act, 2000. The Trial Court vide order dated 09.08.2023/11.08.2023, passed an order for releasing the amount of Rs.35,000/- in favour of the respondent No.2 which is under challenge.
3. The learned counsel for the petitioner-bank contended that the petitioner is a bank. The customers account has been freezed by the police during the investigation in various cases. But some of the customers did not have any balance and the some of them have zero balance, when such being the case, the Magistrate without hearing the petitioner - bank, directed the petitioner - bank to release the amount. Therefore, without giving an opportunity, passing such an order -4- NC: 2024:KHC:20496 CRL.P No. 5134 of 2024 is illegal, therefore, prayed for setting aside the impugned order and permit the petitioner - bank to file objections and after hearing the petitioner, the Trial Court shall pass the order for de-freezing the account.
4. The learned counsel also relied upon the judgment of this Court and Coordinate Bench of this Court in similar cases, where this Court has set aside the impugned order and remitted the case back to the Trial Court for fresh consideration. The learned counsel submits that the petitioner - bank is not a party, whereas the Trial Court directed the bank to release the amount in favour of the complainant, where one of the accused is having the account in the petitioner - bank. In similar matter in Crl.P.No.13487/2023 and connected matters, this Court set aside the order and remitted the matter back to the Trial Court for fresh consideration. The Coordinate Bench of this Court in Crl.P.No.9191/2023 and clubbed matters, also taken a similar view, such being the case, without giving an opportunity to the petitioner - bank, the Trial Court passed the order and hence said order is liable to be set aside.
5. Accordingly, I pass the following:
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NC: 2024:KHC:20496 CRL.P No. 5134 of 2024 ORDER
(i) The petition is allowed.
(ii) The impugned order dated 09.08.2023/11.08.2023 passed on the applications filed by the respondent No.2 under Sections 451 and 457 Cr.P.C is hereby set aside.
(iii) The Trial Court is directed to give an opportunity to the petitioner/bank to oppose the application and pass appropriate orders in accordance with law.
(iv) In the meanwhile, the Trial Court is restrained from releasing the amount to the respondent No.2.
Sd/-
JUDGE HJ List No.: 1 Sl No.: 1