Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka By on 12 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 13487 OF 2023 (482)
C/W
CRIMINAL PETITION NOs. 10201 OF 2023 , 12091 OF 2023 ,
13483 OF 2023 , 13489 OF 2023 , 13611 OF 2023 ,
13627 OF 2023 , 13940 OF 2023 , 13955 OF 2023 ,
98 OF 2024, 128 OF 2024, 356 OF 2024, 357 OF 2024.
IN CRL.P.No.13487/2023:
BETWEEN:
1. AXIS BANK LTD
A BANKING COMPANY
CARRYING ON THE BANKING BUSINESS
Digitally UNDER THE BANKING REGULATION ACT, 1949
signed by
SHARMA INCORPORATED UNDER THE COMPANIES ACT, 1956
ANAND
CHAYA AND HAVING ITS REGISTERED OFFICE AT 'TRISHUL',
Location: 3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE
High Court
of LAW GARDEN, ELLIS BRIDGE,
Karnataka AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD., DOOR NO.7/407/1
GUNTUR ROAD, OPP ANJI REDDY HOSPITAL,
PIDIGURALLA, GUNTUR, ANDHRA PRADESH - 522413
REPRESENTED BY GURAZALA BRANCH HEAD
SHAIK NAZEER, AGED ABOUT 39 YEARS,
D.NO. 152921 KARAMPURDI ROAD,
OPP TO SAMBA SIVA NURSING HOME
-2-
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
BESIDE BP PETROL BUNK GURAZALA GUNTUR
ANDHRAPRADESH - 522415
ALSO AT
S/O SHAIK KHAJAVALI 4-181, RESERVE COLONY,
KRISHNA HOTEL, ULAVAPADU, ULAVAPADU
PRAKASAM, ANDHRA PRADESH - 523292
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
NORTH CEN CRIME POLICE STATION
NORTH DIVISION, BANGALORE
REPRESENTED BY SPP
HONBLE HIGH COURT OF KARNATAKA
BANGALORE.
2. SARITHA PRAKASH,
W/O PRAKASH,
AGED ABOUT 38 YEARS,
R/AT NO.54, 2ND CROSS,
PIPELINE ROAD,
T. DASARAHALLI,
BANGALORE - 560057
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 17.02.2023 PASSED BY THE HONBLE I A.C.M.M
BENGALURU IN CR.NO.1213/2022 i.e ANNEXURE-C DIRECTING
THE PETITIONER TO DEFREEZE THE ACCOUNT BEARING
NO.922010038267855 MAINTAINED IN THE PETITIONER BANK,
ETC.
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
IN CRL.P.No.10201/2023:
BETWEEN:
1. 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 LTD.,
"DEEPAK PRIDE",
SUPER MARKET ROAD,
SHANIWAR PETH, KARAD 415 110.
REPRESENTED BY TS BRANCH HEAD,
MR.DHANWANT VAGHER,
"DEEPAK PRIDER",
SUPER MARKET ROAD,
SHANIWAR PETH,
KARAD-415 110..
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STAE OF KARNATAKA BY
BENGALURU CEN CRIME POLICE STATION,
BENGALURU DISTRICT DIVISION
REPRESENED BY SPP
HON'BLE HIGH COURT OF KARNATAKA
BANGALORE 560 001.
2. CHANDANAD/O LATE RADHAKRISHNA
AGED ABOUT 20 YEARS,
R/AT No.1060, NEAR RAILWAY
-4-
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
STATION/DODDABALLAPURA TOWN,
BANGALORE DISTRICT.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN.A., HCGP FOR R-1;
NTOICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 07.07.2023 PASSED BY THE CHIEF JUDICIAL
MAGISTRATE BENGALURU RURAL DISTRICT, BENGALURU IN
CR.No.177/2022 THAT IS ANNEXURE C DIRECTING THE
PETITIONER TO DEFREEZE THE ACCOUNT BEARING
No.922020038742502 MAINTAINED IN THE PETITIONER BANK.
IN CRL.P.No.12091/2023:
BETWEEN:
1. 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
VEER DESAI ROAD, BRANCH,
ANDHERI WEST,
GREATER MUMBAI-400058
REPRESENTED BY ITS ASST. VICE PRESIDENT
MR.K.G.NAGARAJA,
AGED ABOUT 43 YEARS,
ALSO AT #159-20 SIDDALINGESHWARA NILAYA,
1ST MAIN, 1ST CROSS,
TARALABALU BADAVANE,
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
BAPUJI CIDYANAGARA, DAVANAGER,
KARNATAKA-577 005.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
DCB CEN POLICE STATION,
CHIKKABALLAPURA DIVISION,
CHIKKABALLAPURA.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. AJMATHU ULLA M.H.
S/O LATE M.R. ABDUL HAMEED,
AGED ABOUT 37 YEARS,
R/AT TIPPU NAGAR,
CHINTAMANI TOWN, KARNATAKA.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 05.01.223 PASSED BY THE HON'BLE II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC
CHIKKABALLPURA IN CR.No.45/2022 THAT IS ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT
ACCOUNT BEARING No.922020016452924 MAINTAINED IN THE
PETITIONER BANK.
IN CRL.P.No.13483/2023:
BETWEEN:
1. AXIS BANK LTD
A BANKING COMPANY
CARRYING ON THE BANKING BUSINESS
-6-
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
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 LTD.,
KHASRA NO.700/151, GROUND FLOOR,
MAIN ROAD, CHHEHARTA, OPP:OCM AMRITSAR,
PUNJAB-143 003.
REPRESENTED BY ITS BRANCH HEAD,
RAHUL CHOPRA,
KHASRA No.700/151, GROUND FLOOR MAIN ROAD,
CHHEHARTA, OPP:OCM, AMRITSAR,
PUNJAB-143 003.
ALSO AT
S/O RAJINDER CHOPRA,
H.No.57, NEAR DHINGRA PETRO PUMP
DIAMOND AVENUE, AMRITSAR-1
PUNJAB-143 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
NOTH EAST CEN CRIME POLICE STATION
BENGALURU NORTH EAST DIVISION
BENGALURU.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. MS.BHAVANA.R.,
D/O MR.RAGHUVEER,
AGED ABOUT 27 YEARS,
R/AT No.818, 13TH 'B' MAIN,
15TH CROSS, B SECTOR,
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
OPP RAJ RESIDENCY MOTHER DAIRY CROSS,
YELAHANKA NEW TOWN, YLAHANKA,
BENGALURU-560 064.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 13.10.2023 PASSED BY THE I A.C.M.M.
BENGALURU IN CR.No.200/2023 I.E. ANNEXURE-C DIRECTING
THE PETITIONER TO DEFREEZE THE ACCOUNT BEARING
No.922020043480257 MAINTAINED IN THE PETITIONERS
BANK.
IN CRL.P.No.13489/2023:
BETWEEN:
1. 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
SHOP Nos.1 TO 4 & 12, SAI COMPLEX,
COMMERCIAL PLOT NO.A, UMBERGAON, VALSAD,
GUJARAT 396 171.
REPRESENTED BY ITS BRANCH HEAD,
MANDAKINI KHATTRI,
SHOP Nos.1 TO 4 & 12, SAI COMPLEX,
COMMERCIAL PLOT No.A
UMBERGAON, VALSAD, GUJARAT 396171.
ALSO AT MANDAKINI SUDEEP KHANNA,
-8-
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
101 KALPATARU CO HSG SOCIETY,
DAHAD, VALSAD,
GUJARAT-396165.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE CITY,
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE.
2. BINDU.J.,
C/O B.JAGANNATH, AGED ABOUT 30 YEARS,
R/AT VISHWARANI P.G. FOR GIRLS
BSK, 2ND STAGE, BANGALORE-560 070.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 11.08.2023 PASSED BY THE HON'BLE I
A.C.M.M. BENGALURU IN CR.No.124/2023 I.E. ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENCT
ACCOUNT BEARING No.922020000384512 MAINTAINED IN THE
PETITIONERS BANK, ETC.
IN CRL.P.No.13611/2023:
BETWEEN:
1. AXIS BANK LTD.,
A BANKING COMPNAY,
CARRYING ON THE BANKING BUSINESS
UNDER THE BANKING REGULATION ACT, 1949,
INCORPORATED UNDER THE COMPAINES ACT, 1956
-9-
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
AND HBING 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
70, GROUND FLOOR, SHREE NAGAR EXTENSION,
KHAJRANA MAIN ROAD,
ANAND BAZAR, INDORE, MADHYA PRADESH-452 001
REPRESENTED BY ITS BRANCH HEAD,
MRTEJ BHADUR SINGH,
70, GROUND FLOOR, SHREE NAGAR EXTENSION,
KHAJRANA MAIN ROAD,
ANAND BAZAR, INDORE MADHYA PRADESH-452 001
ALSO AT
MR.TEJ BAHADUR SINGH,
S/O LATE SHRI PARAS NATH SINGH,
H.No.344, SHANTI NAGAR EXTENSION MHOW GAON,
NEAR SHIVAJI PART, MHOW, INDORE,
MADHYA PRADES - 453 441.
...PETITIONER
(BY SRI. UNNIKRISHNAN.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
WHITEFIELD CEN CRIME POLICE STATION,
WHITEFIELD DIVISIO, BENGALURU.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. S.HAREESH,
S/O LAE S.VENKATESHALU SHETTY,
AGED ABOUT 31 YEARS,
R/AT No.1, GROUND FLOOR,
II A CROSS, MANJUNATH LAYOUT,
CHIKKADEVASANDRA,
- 10 -
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
K.R.PURA,
BENGALURU-560 036.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TOSET ASIDE THE
ORDER DATED 30.09.2023 PASSED BY THE HON'BLE I A.C.M.M
BENGALURU IN CR.No.196/2023 I.E. ANNEXURE-C DIRECTING
THE PETITIONER TO DEFREEZE THE ACCOUNT BEARING
No.922020028646731 MAINTAINED IN THE PETITIONER BANK,
ETC.
IN CRL.P.No.13627/2023:
BETWEEN:
1. 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 LTD, 5 TO 12, PETITION 10, 11 & 11KA,
URDU BAZAAR, HN 12L, GEETA PRESS ROAD,
SADAR, NEAR DIWAN DAYARAM,
GORAKHPUR, UTTAR PRADESH-273 001.
REPRESENTED BY ITS BRANCH HEAD,
MR. ALOK KUMAR,
ALSO AT
MR.ALOK KUMAR, S/O BASHIST KUMAR, RAMPUR,
NEW COLONY, OXFORD ROAD,
NEAR PARAMPARA LAWN, TARAMANDAL,
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
RAMPPUR GORAKHPUR,
UTTAR PRADESH-273016.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
WEST CEN CRIME PROLICE STATON,
BENGALURU WEST DIVISION,
BENGALURU.
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. MR.RAGHAVENDRA.T.M.
S/O MR.MAHABALA POOJARI,
AGED ABOUT 40 YEARS,
R/AT No.25, 2ND CROSS,
KAMBIPURA MAIN ROAD,
MUNESHWARA LAYOUT,
OPP.BENEDICT COLLEGE,
ACHEPALYA, KUMBALAGODU,
MYSRE ROAD,
BENGALURU-560 074.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 12.04.2023 PASSED BY THE I ADDL. C.M.M.,
BENGALURU IN CR.No.2/2023 I.E., ANNEXURE-C DIRECTING
THE PETITIONER TO DEFREEZE THE ACCOUNT
NO.922010061692808 MAINTAINED IN THE PETITIONER BANK.
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
IN CRL.P.No.13940/2023:
BETWEEN:
1. AXIS BANK LTD.,
A BANKING COMPANY,
CARRYING ON THE BANKING BUSINESS,
UNDER THE BANKING REGULATION ACT, 1949,
INCORPORATED UNDER THE COMPAINES 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
GROUND AND FLOOR, LAMINGTON ROAD BRANCH
AMIR HOUSE, GRANT ROAD EAST,
NEAR APSARA COMMERCIAL, MUMBAI,
MAHARASTRA 400 007.
REPRESENTED BY ITS BRANCH HEAD,
SUKHAMAYA SWAIN,
AGED ABOUT 44 YEARS,
ALSO AT C/O, AR.No-C/94,
KOELNAGAR, RAURKELA (M)
SUNDERGATH, ODISHA-769014.
...PETITIONER
(BY SRI. UNNIKRISHNAN.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
BENGALURU CEN CRIME POLICE STATION,
BENGALURU RURAL DISTRICT
BENGALURU.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
2. NAGASHREE N.P.
D/O PUTTASWAMY,
AGED ABOUT 31 YEARS,
R/AT No.2/36, OPP PE.G. COLLEGE,
22ND MAIN ROAD, 50 FEET ROAD,
BSK 1ST STAGE, BANGALORE-560 050.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 18.07.2023 PASSED BY THE HON'BLE 1ST
ADDITIONAL CHIEF METROPLITAN MAGISTRATE BENGALURU
IN CR.No.1060/2022 REGISTERED BY SOUTH CEN CRIME
POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE
UNDER SECTION 419, 2, 504, 506 OF Indian Penal Code AND
SECTION 66(C) AND 66(D) OF INFORMATION TECHNOLOBY
ACT I.E., ANNEXURE-C DIRECTING THE PETITIONER TO
DEFREEZE THE CURRENT ACCOUNT BEARING
No.922020031719019 MAINTAINED IN THE PETITIONER BANK,
ETC.
IN CRL.P.No.13955/2023:
BETWEEN:
1. AXIX 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 SAMARTESHWAR TEMPLE,
LAW GARDEN, ELLIE SBRIDGE,AHMEDABAD-380006.
GUJARAT
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.,
SAKAR BUILIDNG, ADALAT ROAD,
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
KRANTI CHOWK, AURANGABAD,
MAHARASHTRA 431 001.
AXIS BANK LTD.,
BUSINESS TOWERS, MUKARRMPURA,
KARIMNAGAR, TELGANA 505 002.
REPRESENTED BY THE BRANCH HEAD/
AUTHORISED SIGNATORY
MR. ADHUKAR CHINDAM,
BUSINESS TOWERS, MUKARRUMPURA
KARIMNAGAR, TELANGANA-505002.
ALSO AT
MR.CHINDAM MADHUKAR,
AGED ABOUT 46 YEARS
S/O CHINDAM MALLESHWAM.
H.No.5-6-606 KAPUWADA KARIMAAR
TELANGAL-505 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH EAST CEN CRIME POLICE STATION,
SOUTH EAST DIVISION
BENGALURU
REPRESNTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BENGALURU-01.
2. MANOJ KUMAR KANNAUJE,
S/O HEMANTH KANNAUJE,
AGED ABOUT 37 YEARS,
R/AT No.16, 5TH MAIN,
60 FEET ROAD, A BLOCK,
AECS LAYOUT, KUDLU CIRCLE,
BENGALURU-50068.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A,.HCGP FOR R-1;
NOTICE TO R2 IS DISPEND)
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AND CONNECTED MATTERS
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 15.08.2023 PASSED BY THE HON'BLE 1ST
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
IN CR.NO.05/2023 SOUTH EAST CEN CRIME P.S.,
I.E.ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE
THE ACCOUNT BEARING (1) A/C No.922020061535258 (2) A/C
No.922010054180316 MAINTAINED IN THE PETITIONER
BRANCHES OF AXIS BANK LTD.
IN CRL.P.No.98/2024:
BETWEEN:
1. 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 ITS BRANCH OFFICE AT
TEXTILE MARKET, GF & 1ST FLOOR,
GH 11 AND HG 11, RING ROAD,
SHOLK BUSINESS CENTRE, UDHNA DARWAJA,S
SURAT, GUJARAT-395002.
REPRESENTED BY ITS BRANCH HEAD,
MR PALAK BHOJAK RAMESHBHAI
BHAGAL BRAHCH GROUND AND 1ST FLOOR,
CITY CURVEY No.2604 WARD No.10
CHAUTA POOL RAJRMARG BHAGAL TALAO,
BHAGAL SURAT-395003
ALSO AT No.133 SHIKSHAKNAGAR SOCIETY
NEAR BHARATNAGAR ROAD,
SARDARNAGAR,
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CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
BHAVNAGAR, TAKHTOSHWAR,
GUJARAT-364 002.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY SOUTH EAST CEN POLICE STATION,
BENGALURU SOUTH EAST DIVISION,,
BENGALURU.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. UPALI MONDAL,
D/O LATE JAYANTA GHOSH
AGED ABOUT 42 YEARS,
416, ARJUN AURA APARTMNET,
SURVEY 97/4, 5TH CROSS, KODICHIKANAHALLI,
BANGALORE-560 076.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 08.08.2023 PASSED BY THE I ADDL. C.M.M.,
BENGALURU IN CR.No.1051/2023 I.E., ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT
ACCOUNT BEARING A/C No.922020067052830 MAINTAINED IN
THE PETITIONER BANK.
IN CRL.P.No.128/2024:
BETWEEN:
1. AXIS BANK LTD.,
A BANKING COMPNAY,
CARRYING ON THE BANKING BUSINESS
- 17 -
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
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
Section 439 of Cr.P.C.24 TO 29 & 31
MARUTI DARSHAN COMPLEX,
BHAVNAGAR SIHOR ROAD, BHAVANGAR,
GUJART 364 240.
REPRESENTED BY ITS BRANCH HEAD,
MR MRITYUNJAY.S.
SULTANPALYA BRANCH,
No.20 SULTANPALYA MAIN ROAD,
R.T.NAGAR, BANGALORE-560 032.
ALSO AT
MR.MRITYUNJAY.S.
S/O SUNDARESAN U
FLAT No.103, 1ST FLOOR,
RPR ARCADE 287/1, 10TH B MAIN,
DODDA BANASWADI,
BANGALORE-560 043.
...PETITIONER
(BY SRI. UNNIKRISHNAN.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH EAST CEN POLICE STATION,
SOUTH EAST DIVISION, BANGALORE CITY.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE.
2. PRATHAM,
S/O NAREN.J, AGED ABOUT 24 YEARS,
R/AT No.1972, 1ST FLOOR,
- 18 -
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
15TH CROSS, 22ND MAIN, 1ST SECTOR,
HSR LAYOUT, BANGALORE-560 02.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 24.07.2023 PASSED BY THE HON'BLE 1ST
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
IN CR.No.99/2022 I.E., ANNEXURE-C DIRECTING THE
PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING
No.922010008814148 MAINTAINED IN THE PETITIONER BANK.
IN CRL.P.No.356/2024:
BETWEEN:
1. 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 LTD., TP No. 34 FIRST PARTY No.
GF SUNDARWSHAN COMPLEX 3, BLOCK 119
121 RS No.67/1 & 67/2
MAGOB SURAT, GUJARAT-395 010.
REPRESENTED BY ITS BRANC HEAD,
HEMANTKUMAR RAMESHBHAI TAILOR,
ALSO AT
A/76 NANAKANBIWAD NAGAR.DUDHDAIRY
- 19 -
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
DUMASGAM, DUMAS SURAT,
GUJARAT-394550.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
BENGALURU CEN POLICE STATION,
BANGALORE,
REPRESENTED BY SPP
HIN'BLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. Ms. VARSHINI.G.
D/O LATE GOPINATH,
AGED ABOUT ABOUT 24 YEARS,
R/AT HULIMANGALA,
JIGANI, HUBLI ANEKAL,
BENGALURU-560 105.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA.A. HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH.)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 31.07.2023 PASSED BY THE HON'BLE
C.J.M.BENGALURU RURAL DISTRICT, BENGALURU IN
CR.No.197/2023 I.E. ANNEXURE-C DIRECTING THE
PETITIONER TO DEFREEZE THE ACCOUNT BEARING
No.912010040066197 MAINTAINED IN THE PETITIONER BANK,
ETC.
IN CRL.P.No.357/2024:
BETWEEN:
1. AXIS BANK LTD.,
A BANKING COMPANY,
CARRYING ON THE BANKING BUSINESS,
UNDER THE BANKING REGULATION ACT, 1949
- 20 -
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
INCORPORATED UNDER THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT TRISHUL,
3RD FLOOR, OPPOSITE SAMARTHESWHWAR TEMPLE
LAW GARDEN, ELLIES BRIDGE,
AHMEDABAD-380 006. GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.,
SURVERY No.5260/B4, SHREE SIDDHI,
VINAYAK PARK, PETITION 4 TO 6 & 10, No.1
RAJKOT HIGHWAY, OPP:NARSANG TEKRI ROAD,
PORBANDAR, GUJARAT 360 575
REPRESENTED BY ITS BRANCH HEAD,
MR ALCHETA VIJAY URAJAL
AGED ABOUT 38 YEARS,
SURVEY NO.520/B4, SHREE SIDDHI,
VINAYAK PARK, PN4 TO 6 & 10, No1 RAJKOT
HIGHWAY, OPP:NARSANG TEKRI ROAD,
PORABANDAR, GUJARAT 360 575.
ALSO AT
MR.LACHETA VIJAY URAJAL
AGED ABOUT 38 YEARS,
S/O VRAJLAL, SHREE BHAGAVTI FALUT,
1ST FLOOR, ASHAPURA SOCIETY, CHHAYA PLOT,
PORBANDAR, GUJARAT 360575.
...PETITIONER
(BY SRI. UNNIKRISHNA.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
EAST CEN CRIME POLICE STATION,
EAST DIVISION, BENGALURU CITY
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA
BANGALORE.
2. SUDHINDRA KUMAR.P.S
S/O SRINIVAS RAO K.G.
AGED ABOUT 32 YEARS,
- 21 -
NC: 2024:KHC:5830
CRL.P No. 13487 of 2023
AND CONNECTED MATTERS
R/AT No.12,SRIVILLA, 1ST FLOOR,
SUBRAMANYA LAYOUT,
RAMAMURTY NAGAR,
BANGALORE-560 016.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R-1;
NOTICE TO R-2 IS DISPENSED WITH)
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 07.06.2023 PASSED BY THE HON'BLE I ADDL.
C.M.M., BENGALURU IN CR.No.136/2023 I.E., ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT
ACCOUNT BEARING No.92202038723996 MAINTAINED IN THE
PETTIONER BANK, ETC.
**********************
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. These Criminal Petitions are filed by Axis Bank Limited under Section 482 Cr.P.C. challenging the order passed by the Trial Court on the applications filed under Section 451 and 457 of Cr.P.C., by respective respondent
- 22 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS No.2 in these petitions for de-freezing accounts of the customers of the petitioner - Bank and ordering to release the money.
2. Heard Sri. Unnikrishnan M., learned counsel for the petitioner - Bank and Sri. Venkat Satyanarayana A., learned High Court Government Pleader appearing for the State.
3. The case of the prosecution is that on the complaints of respondent No.2 in these petitions, there were various cases registered by the police as against accused persons for having committed online fraud, under Sections 66C and 66D of the Information Technology Act, 2000 and Sections 419 and 420 of Indian Penal Code. During investigation, the I.O. freezed the accounts of customers of the petitioner who were having account in the Axis Bank Ltd. Subsequently, on the applications filed by respondent No.2 in below mentioned cases who are de-facto complainant, the Trial Court directed the bank to de-freeze the accounts and pay amounts mentioned in the
- 23 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS applications to the respective customers of the bank as under.
Sl. Crl. P. No. Impugned order Addl. Chief CR. No.
No. dated Metropolitan
Magistrate
1 13487/2023 17/02/2023 I A.C.M.M. 1213/2022
2 10201/2023 07/07/2023 C.J.M., Crl. Misc.
BANGALORE No.177/2022
RURAL DIST.
3 12091/2023 05/01/2023 II Addl. Sr. Civil CR. No.
Judge and JMFC 45/2022
Chikkaballapura
4 13483/2023 13/10/2023 I A.C.M.M. CR. No.
200/2023
5 13489/2023 11/08/2023 I A.C.M.M. CR. No.
124/2023
6 13611/2023 30/09/2023 I A.C.M.M. CR. No.
196/2023
7 13627/2023 12/04/2023 I A.C.M.M. CR. No.
02/2023
8 13940/2023 18/07/2023 I A.C.M.M. CR. No.
1060/2022
9 13955/2023 15/08/2023 I A.C.M.M. CR. No.
05/2023
10 98/2024 08/08/2023 I A.C.M.M. CR. No.
1051/2023
11 128/2024 24/07/2023 I A.C.M.M. CR. No.
969/2022
12 356/2024 31/07/2023 C.J.M., CR. No.
BANGALORE 197/2023
RURAL
DISTRICT
13 357/2024 07/06/2023 I A.C.M.M. CR. No.
136/2023
Being aggrieved by the same, the petitioner-bank is before this Court.
4. Learned counsel for the petitioner seriously contended that the customers are having accounts in the
- 24 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS petitioner - Bank but in view of de-freezing the account and directing the petitioner to pay the amount where some of the customers do not have any balance or lesser amount or zero balance in their accounts and if the direction is given to pay the amount, the petitioner is required to pay the amount from bank but not from the account of the customers and therefore, it is necessary for the petitioner to be heard by the Trial Court before passing such order de-freezing the accounts and proceed further.
5. Learned counsel for the petitioner also submits that if the order of the Trial Court is not complied, it is nothing but violating the court order and therefore, petitioner is facing much problem in view of the orders passed by the various Courts for release of the amounts of the customers who are not having any balance or lesser amount in their accounts. Therefore, learned counsel prayed for setting aside the orders with liberty to the petitioner to be heard by the Trial Court before passing such orders. Learned counsel for the petitioner also relied upon the order passed
- 25 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS by the Co-Ordinate Bench of this Court in a similar matter in Crl. P. No.9191/2023 and clubbed matters, dated 14.12.2023.
6. Learned High Court Government Pleader also submits that before passing de-freezing order, an opportunity may be given to the petitioner to be heard by the Trial Court.
7. Having heard the arguments of both side, perused the records. The Trial Courts have passed the impugned orders in these cases for de-freezing the accounts of the customers and releasing the amounts, without giving opportunity of hearing to the petitioner - Bank. If the orders of the Magistrate are not complied with, it amounts to violation of court order and they face contempt. Therefore, before de-freezing the accounts, it is necessary for the Trial Court to give opportunity to the petitioner of being heard in the matter and then pass appropriate orders since some of the customers do not have any amounts in their accounts and some of the customers are having lesser amount or zero balance. Hence, it is
- 26 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS necessary for this Court to set aside the impugned orders with liberty to the petitioner to approach the various courts and after hearing the petitioner - Bank, the Courts can pass appropriate orders.
8. Accordingly, I pass the following:
ORDER
(i) These Criminal Petitions are allowed.
(ii) The impugned orders passed by the Trial Court given in the tabular form below are hereby set aside:
Sl. Crl. P. No. Impugned order Addl. Chief CR. No. No. dated Metropolitan Magistrate 1 13487/2023 17/02/2023 I A.C.M.M. 1213/2022 2 10201/2023 07/07/2023 C.J.M., Crl. Misc. BANGALORE No.177/2022
RURAL DIST.
3 12091/2023 05/01/2023 II Addl. Sr. Civil CR. No. Judge and JMFC 45/2022 Chikkaballapura 4 13483/2023 13/10/2023 I A.C.M.M. CR. No. 200/2023 5 13489/2023 11/08/2023 I A.C.M.M. CR. No. 124/2023 6 13611/2023 30/09/2023 I A.C.M.M. CR. No. 196/2023 7 13627/2023 12/04/2023 I A.C.M.M. CR. No. 02/2023 8 13940/2023 18/07/2023 I A.C.M.M. CR. No. 1060/2022 9 13955/2023 15/08/2023 I A.C.M.M. CR. No. 05/2023
- 27 -
NC: 2024:KHC:5830 CRL.P No. 13487 of 2023 AND CONNECTED MATTERS 10 98/2024 08/08/2023 I A.C.M.M. CR. No. 1051/2023 11 128/2024 24/07/2023 I A.C.M.M. CR. No. 969/2022 12 356/2024 31/07/2023 C.J.M., CR. No. BANGALORE 197/2023 RURAL DISTRICT 13 357/2024 07/06/2023 I A.C.M.M. CR. No. 136/2023
(iii) The Trial Court is directed to hear the petitioner and the respondents and dispose of the matters in accordance with law, afresh.
(iv) Till disposal of the cases by the Trial Court, the petitioner-Bank is restrained from releasing the amounts of de-freezed accounts of customers or complying the order of the Magistrate.
Sd/-
JUDGE sac List No.: 1 Sl No.: 16