R/SCR.A/1498/2025 ORDER DATED: 08/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1498 of 2025 ========================================================== FIGMENT TECHNOKART PRIVATE LIMITED THRO PARTH RAKESHBHAI RAVAL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. ANANTANAND J SINGH(10046) for the Applicant(s) No. 1 PARTH Y RAVAL(9535) for the Applicant(s) No. 1 GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 6 MR AMAR N BHATT(160) for the Respondent(s) No. 7 MR CR ABICHANDANI(2421) for the Respondent(s) No. 5 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 SERVED BY RPAD (N) for the Respondent(s) No. 10,2,3,4,8,9 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/08/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. Respondent No.2 and 3 are duly served. However, they have not filed any reply. 2. The present petition is filed by the petitioner seeking direction to the respondent No.2, 3 and 4 i.e. Station Officer of Vijapura Police Station Karnataka and Jeedimetla Police Station, Cyberabad, Telangana and Vejalpur Polcie Station, Ahmedabad to send communication to Respondent No.5 Bank and Respondent No.6 i.e. Phone Pe, for de-freezing Bank Account of the petitioner i.e. Current Account having Account No.59209510121166 as maintained with Respondent No.5 HDFC Bnak and further to issue NOC to respondent No.5 and 6 for the same forthwith. 3. Brief facts of the case are the petitioner’s HDFC Bank R/SCR.A/1498/2025 ORDER DATED: 08/08/2025 Current Account was inactivated without prior notice, causing repeated transaction failures. On inquiry, Respondent No. 5 orally stated that the account had been frozen through a police station but did not disclose reasons. On 01.10.2024, the petitioner received an email from Respondent No. 5 stating that the freeze was based on an intimation from Respondent Nos. 2 to 4 regarding an online fraud complaint from Vejalpur Police Station, Ahmedabad, dated 15.05.2024, involving Rs.35,000/-. The petitioner, through his advocate, sent multiple representations to Respondents Nos. 2 to 4 and personally visited Cyberabad Police Station, Telangana, where he learned of FIR No. 794/2024 at Jeedimetla Police Station, Telangana, under Sections 420 IPC and Section 66C & 66D of the IT Act. The petitioner clarified that no such fraudulent funds were credited to his account, explaining that all customer payments via the "VISION 11" app are routed through PhonePe’s payment gateway as per RBI guidelines before being credited in bulk the next day. Despite sending notices, including to PhonePe on 26.10.2024, no reply was received and the freeze was not lifted, compelling the petitioner to approach this Hon’ble Court. 4. Learned advocate for the petitioner submits that the petitioner’s HDFC Bank Current Account was inactivated without prior notice, resulting in repeated transaction failures. Upon inquiry, Respondent No. 5 orally stated that the account had been frozen through a police station but did not disclose the reasons. It is submitted that the respondent authorities, without following the due process of law, froze the petitioner’s bank account maintained with Respondent No. 5 – HDFC Bank, and without affording an opportunity of hearing to the petitioner as R/SCR.A/1498/2025 ORDER DATED: 08/08/2025 contemplated under Section 120 of the Cr.P.C. Therefore, it is prayed that the present petition be allowed by directing the respondent authorities to defreeze the petitioner’s account. 5. Mr. C.R. Abhichandani, learned advocate appearing for Respondent No. 5 – HDFC Bank, submitted that the Bank has nothing to do with the dispute, as it is merely complying with the instructions of the competent authority. If the Bank fails to do so, it would have to face consequences amounting to a violation of the order passed by the lawful authority. He further submitted that whatever direction is passed by this Hon’ble Court, the Bank is ready and willing to comply with the same and defreeze the petitioner’s account, keeping the amount of Rs.1,33,615/- on lien/hold as per the intimation received. 6. Having heard the learned advocates for the respective parties and upon perusal of the record, this Court is of the view that the present petition deserves consideration. Respondent No. 5 – HDFC Bank is directed to forthwith defreeze the petitioner’s Current Account No. 59209510121166, while keeping on hold/lien an amount of Rs.1,33,615/- (Rupees One Lakh Thirty- Three Thousand Six Hundred Fifteen only). The lien amount shall be apportioned as Rs.45,615/- in accordance with the instructions received from Respondent No. 3 – Jeedimetla Police Station, Cyberabad, Telangana, and Rs.88,000/- as per the instructions received from the Vijayapura Police Station, Karnataka. The aforesaid lien shall remain subject to any further orders, directions, or communications issued by any competent/lawful authority through email or any other mode. Upon receipt of appropriate communication from such R/SCR.A/1498/2025 ORDER DATED: 08/08/2025 competent authority, Respondent No. 5 shall take necessary action in accordance with law. 7,. With the aforesaid directions, the present petition stands disposed of. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 11/08/2025 17:04:53