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My bank account freeze by cyber crime cell

Page no : 2

mahendra limaye (Cyber Legal Consultant)     15 March 2015

Unless cyber cell have received some FIR wherein your account no. has mentioned they won't instruct bank to freeze the account.Try and get details about that FIR from cyber cell concerned.

deepakkumar   15 March 2015

Main problem is I am in Delhi resident and my account freezed by mumbai Cyber Crime Cell.

I am really like helpless what to do.

mahendra limaye (Cyber Legal Consultant)     15 March 2015

Just mail them and get the details!!!

deepakkumar   15 March 2015

Is it safe for me. Because I talked 1-2 lawyers they told me don't talk to them directly. Talk through 3rd party.

 

Will they give details If I will mail them and I will not face any consequeces. It's already 1 month my account got frezeed. neither Bank nor Cyber Crime did contacted me about my account. I am really in trouble. If they frezeed my account atleast they contact me and ask me why they did blocked my account.

Biswanath Roy (Advocate)     15 March 2015

Contact a Senior Lawyer of Bombay High Court  through your POA holder and file an application under Article 226 of the Constitution of India alleging against the Cyber crime cell that they without any intimation to you and arbitrarily freezed your Bank account and thereby violating Article 14 & 19 of the Constitution of  India as well as infringed Natural Justice and thus they encroached upon and infringed your legal fundamental and constitutional right to a considerable extent.and pray for allowing you to operate your Bank account for the payment of salaries to your staff members of your business.

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SAINATH DEVALLA (LEGAL CONSULTANT)     16 March 2015

What I meant was no Government agency has the right to tread into the fundamental rights of a citizen,unless they are convinced that the concerned citizen has indulged in some crime related issues.But even then if something is detected they have to issue a notice stating the reasons as to why action cannot be taken against him as some criminal activities have been detected. Some kind of a transaction may have been taken place from the account and the account holder may or may not have been aware of it. If h ehas not committed contrary to the rules as laid down, he has every right to fight for justice.

mahendra limaye (Cyber Legal Consultant)     16 March 2015

You can directly communicate with Mumbai CYBER CELL and if you need any legal assistance you can call 09422109619.

Hardeep (Business)     07 May 2015

Just wanted to point out something missed by all - the querist is trading in Bitcoins. This is digital currency with many, many grey areas . So trading in it has plenty risks .

Durgesh Mishra   24 July 2017

I m in same situation now buddy,Can u plz let me know what procedures to follow.

Theo Bache (Backend office)     21 November 2019

Similar situation here. My account is freezed. Reason: Bitcoin Trading.

 

How to get my bank account activated?

Sankaranarayanan (Advocate)     23 December 2019

You better to approach criminal aswell as cyber expert lawyer and act accordingly 

sunny dutt   18 August 2020

Is the issue resolved I am facing same issue

sandipchoudhury   07 October 2020

Have you got unfreeze your account for debit? Same thing happen to me.

Virat Chandra   12 March 2021

I also same problem face 

Plz give me ur contact number.

I will discuss 

 

 

 

 

 

 

Francis Wolcott   25 July 2021

Step-1: First obtain copy of freeze notice from bank to understand what kind of complaint was lodged against your account. It may have the amount of fraud or the sections under IPC or IT Act mentioned.


Step-2: Google for those sections and see if they apply to you in any way.

Step-3: Check the freeze notice to obtain email or contact number of the investigating officer (IO). Try to call or get in touch with the IO using email asking for details like if a FIR was lodged or not. They usually don't cooperate and will ask you to visit the local station.

Step-4: In case of cognizable offences and if you fear arrest apply for an anticipatory bail through a competent lawyer. Make sure to keep all your proof handy. Arrests are usually done when there is concrete evidence for participating in a crime. If you have full proof that you're innocent then you can ignore this step or consult a proper lawyer for better advise.

Step-5: Get a lawyer who specializes in Cyber Crime and Criminal cases. In case the section of IPC applied to you is compoundable you can opt for a settlement with the victim and close the case by permission of court or if your lawyer can get the details of victim try settling the amount with the victim to avoid all the hassles of court and fees.

Step-6: If you cant settle with the victim or if the cops are not cooperating then wait for them to file FIR and Charge Sheet. If your name is mentioned then apply for anticipatory bail through a competent lawyer. You can lodge a petition to quash the FIR or fight your case using the proof you have. Very concrete evidence is required for criminal cases so unless you've actually done a crime you don't need to worry.

Step-7: In case you got money from someone who committed fraud then keep all evidences handy in order to prove that you were mislead into selling cryptocurrency by the buyer and you had no prior idea of the criminal background of the buyer.

Step-8: I saved the best for the last. If you know the amount of money involved in the fraud then you can deposit a % or the full amount in court escrow to get a defreeze notice based upon good faith. The bank will have to remove the freeze immediately once the court issues a notice. This amount will be stuck in escrow until investigation is completed but in the meantime you get the freedom to use your account. You can also obtain details of the fraud by launching a writ petition for account defreeze in the court or filing a RTI. Your lawyer depending on his skills can negotiate the amount to be deposited in court escrow.

If you have done nothing wrong then do not panic. Everything will be fine. All the very best for your case.

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