The Karnataka High Court has accepted the submission made by an advocate that the amount received by her from a client who is accused in a cheating case is towards professional fee and has directed the police to instruct the bank to defreeze his account.
A single judge bench of Justice M Nagaprasanna disposed of the petition filed by Kanchan Srinivasan and said “In the light of the explanation so submitted and there being no material, I deem it appropriate to direct the Investigating Officer to direct the concerned Bank to defreeze the account that has been debit frozen within the next one week.”
Srinivasan had approached the court alleging that her account has been debit frozen on the instructions of the Investigating Officer on account of certain transactions between her account and the account of the client, who is now an accused for offences punishable under Sections 419 and 420 of the IPC and Sections 66(C) and 66(D) of the Information Technology Act, 2008.
Counsel, Sri. X.M.Joseph appearing for the petitioner placed on record documents to demonstrate that the amount of Rs.3.00 lakhs that was received into the account of the petitioner from the accused was professional fee and has accounted for the same.
The court had directed the government advocate to secure instructions as to how the account of the petitioner could be debit frozen without there being any material whatsoever to link the petitioner with the allegations against the accused.
In turn the government advocate informed that except the aforesaid Rs.3.00 lakhs, there is no other material that would link the accused with the petitioner qua the issue of freezing of the account.
Following which the court directed the defreezing of the bank account.
Case Title: Kanchan Srinivasan And Bangalore Cyber Crime Police Station & ANR
Case No: WRIT PETITION NO. 6532 OF 2023
Citation: 2023 LiveLaw (Kar) 150
Date of Order: 29-03-2023
Appearance: X.M. JOSEPH, Advocate for petitioner.
AGA Vinod Kumar for R1