Madras High Court
Cholamandalam Ms General Insurance vs The Commissioner Of Police on 11 August, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.12943 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.12943 of 2021
and
W.M.P.Nos.13745 & 13746 of 2021
Cholamandalam MS General Insurance
Company Limited,
Represented by its Deputy Manager,
A.Srinivasan,
Now in Office at
No.154, Shaw Wallace Building,
2nd Floor, Thambu Chetty Street,
Parrys, Chennai – 600 001. ..Petitioner
Vs.
1.The Commissioner of Police,
Chennai City,
Office of the Commissioner of Police,
EVK Sampath Road, Vepery,
Chennai – 600 007.
2.The Assistant Commissioner of Police,
Howrah City Police,
24, Bellious Road, Howrah,
West Bengal – 700 11.
3.The Inspector of Police,
Cyber Crime Police Station,
Howrah, West Bengal.
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W.P.No.12943 of 2021
4.HDFC Bank Limited,
Rep. by it Branch Manager,
Corporate Banking Office,
ITC Center,
759, Anna Salai,
Opposite to TVS Showroom,
Chennai – 600 002.
5.Subhas Dasgupta ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a Writ of Certiorarified Mandamus, to call for the
records of Memo No.2470/CyberCrime/HPC/2021/03, dated
07.06.2021, on the file of the 3rd respondent and to quash the same as
illegal and without jurisdiction and to consequently restrain the 4th
respondent HDFC Bank Limited, ITC Centre, Mount Road, Chennai,
from permanently freezing the Corporate Bank Account of petitioner
bearing No.00040350013520.
For Petitioner : Mr.Sharath Chandran
For Respondents
For R1 to 3 : Mr.A.Damodaran
Additional Public Prosecutor
For R5 : Mr.C.Mohan
for M/S Kings & Patridge
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W.P.No.12943 of 2021
ORDER
This petition has been filed to quash the Memo No.2470/CyberCrime/HPC/2021/03, dated 07.06.2021, on the file of the 3rd respondent and consequently restrain the 4th respondent HDFC Bank Limited, ITC Centre, Mount Road, Chennai, from permanently freezing the Corporate Bank Account of petitioner bearing No.00040350013520.
2. Heard both sides and perused the materials available on record.
3. It is seen that the petitioner is engaged in the business of General Insurance. While that being so, the fifth respondent had taken insurance policy under the scheme of 'Flexi Health' for himself and his family, through his agent. The period of said insurance policy was to commence from 13.06.2020 to 12.06.2022 and the sum assured was Rs.3 lakhs. The net premium paid at Rs.21,865/- and it was paid through his agent. It appears that the said agent has resorted to some Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12943 of 2021 underground dealings with other customers on account of which the petitioner was constrained to lodge a complaint on 09.10.2020 before the Eco Park Police Station, Middleton Street, Calcutta. On the strength of the complaint, the impugned notice dated 07.06.2021 was issued under Section 91 Cr.P.C, thereby directed the fourth respondent to freeze the account of the petitioner permanently, in pursuant to the complaint lodged by the fifth respondent.
4. On instruction, the learned Additional Public Prosecutor submitted that the third respondent issued notice under the wrong provision viz., instead of 102 Cr.P.C notice was issued under Section 91 Cr.P.C.
5. It is seen from the complaint of the fifth respondent that the amount involved is only Rs.21,865/- whereas the petitioner insurance Company is dealing with several crores of rupees and all those amount belong to the general public.
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6. Even according to the case of the prosecution the defacto complainant deposited the said amount through his agent and it was not accounted properly. Therefore, the petitioner cannot be responsible for the offence committed by the agent of the 5th respondent. Therefore, this Court, by an interim order dated 21.06.2021, directed the 4th respondent to defreeze the account of the petitioner and allow the petitioner to operate the account on condition that the petitioner shall maintain a minimum balance of Rs.1 Lakh in the said account. Accordingly, now the petitioner is operating its account.
7. Considering the facts and circumstances, the fourth respondent is directed to deposit a sum of Rs.50,000/- as Fixed Deposit in the name of the fifth respondent from the account of the petitioner and thereafter, permit the petitioner to operate its Corporate Account No.00040350013520 and also permitted to deal with the remaining amount in Acc.No. 00040350013520.
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8. With the above direction, the writ petition stands disposed of. It is made clear that the Fixed Deposit receipt should be kept on the file of the fourth respondent and subject to the result of the investigation of the complaint lodged by the fifth respondent, the petitioner is permitted to get back the deposited amount with accrued interest. No costs. Consequently, connected miscellaneous petitions are closed.
11.08.2022 Speaking/Non-Speaking Index: Yes/No ata Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.12943 of 2021 To
1.The Commissioner of Police, Chennai City, Office of the Commissioner of Police, EVK Sampath Road, Vepery, Chennai – 600 007.
2.The Assistant Commissioner of Police, Howrah City Police, 24, Bellious Road, Howrah, West Bengal – 700 11.
3.The Inspector of Police, Cyber Crime Police Station, Howrah, West Bengal.
4.The Public Prosecutor, Madras High Court, Chennai.
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