R/SCR.A/7579/2025 ORDER DATED: 06/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 7579 of 2025 ========================================================== CAPITAL ENGRAVING THRO BHARAT AMBALAL PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BHARAT K DAVE(246) for the Applicant(s) No. 1 MR JEET J BHATT(6154) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 3 MS MOHINI J BHAVSAR(3071) for the Respondent(s) No. 2 NOTICE NOT RECD BACK for the Respondent(s) No. 3 MR. K.M. ANTANI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 06/06/2025 ORAL ORDER 1. Rule. Learned APP Mr. K.M. Antani waives service of notice of rule for and on behalf of the Respondent No.1- State. 2. By way of the present petition, the petitioner has challenged the freezing of his Bank Account bearing No. 04936000087 by the Kalupur Commercial Co-Operative Bank Ltd, Science City Branch i.e. the respondent No.2 herein. 3. The brief facts arising out of the present petition is that the petitioner is a partnership firm engaged in the business of manufacturing of advanced gravure cylinder. It is submitted that from September to December – 2024, four separate orders of gravure cylinder were received by the petitioner through one Shrikant on behalf of the Melancia Foods Private Ltd. The total value of all the four orders amounting to Rs.9,65,473/- were manufactured and delivered by the petitioner as per the orders. In furtherance to R/SCR.A/7579/2025 ORDER DATED: 06/06/2025 the same, four bills were issued by the petitioner to Melancia Foods Private Ltd. and the petitioner had even received the payment of all the aforesaid bills from Melancia Foods Private Ltd. 3.1 It is contended that on 3.5.2025, a complaint was filed by one Gnana Prasad M, who is the proprietor of Latha Priya Enterprise before the Alipiri Police Station alleging inter-alia that some unknown persons approached him for the business purpose and asked him to transfer some money for the purpose of verification, which he has transferred and thereafter the same unknown persons had stopped responding to him. It is pertinent to note that Gnana Prasad M, who is the proprietor of Latha Priya Enterprise, which is a regular customer of Melancia Foods Private Ltd. 3.2 On 19.05.2025, at around 4 pm, the petitioner was informed by the respondent No.2 – bank that his bank account bearing No. 04936000087 with the Kalupur commercial Co-operative Bank Ltd, Science City Branch is freezed by the respondent No.2 in lieu of the notice under Sections 94 and 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3.3 On the same day, the petitioner has approached the respondent No.3 and requested him to de-freeze the account since he has nothing to do with the alleged offence, however, the respondent No.3 has not considered his request and representation. He has therefore, preferred the present petition. 4. Heard learned advocate Mr. Jeet J. Bhat for the petitioner, and learned APP Mr K.M. Antani for the respondent No.1- State and Ms. Mohini Bhavsar, learned advocate for the respondent No.2- Bank. Page 2 of 5 R/SCR.A/7579/2025 ORDER DATED: 06/06/2025 5. Per contra, learned APP Mr. K.M. Antani appearing for the respondent-State has vehemently opposed the present petition and submitted that the investigation before the Alipiri Police Station is going on, therefore the present petition is not required to be entertained. 6. Having heard all the learned advocates appearing for the respective parties and having gone through the material on record, it appears that there is no connecting link between the account of the petitioner and the commission of offence under investigation. It appears that Melancia Foods Private Ltd. is the client of the petitioner and the payment made by the Melancia Foods Private Ltd, was in lieu of the commercial transactions between the petitioner and Melancia Foods Private Ltd. It is noteworthy that the respondent No.3 is duly served and even informed about the hearing of the present petition, however, the respondent No.3 has chosen not to appear before this Court and even no material to show any connection between the account of the petitioner and the offence under investigation, is placed on record. It is also noteworthy that the respondent No.3 herein has requested the respondent No.2 to freeze the account of the petitioner, since during the course of the investigation they found one suspicious transaction of Rs.2,01,392/- in the account of the petitioner. While pointing out the e-mail dated 21.05.2025, the learned advocate Ms.Mohini Bhavsar appearing for the respondent No.2 has submitted that by way of e-mail, the bank has informed the respondent No.3 herein that the account No. 04936000087 is the Cash Credit account, i.e. the bank has given cash credit facility of Rs.50 Lakhs and considering the request made by the Alipiri Police, the bank has already lien marked an amount of R/SCR.A/7579/2025 ORDER DATED: 06/06/2025 Rs.2,01,392/- and debit freeze the account. The bank has also requested to provide the copy of the FIR and the complaint filed against the petitioner, however the same has not been provided. 7. Considering, all the aforesaid, it clearly appears that one offence regarding the cheating of Rs.2,01,392/- has been registered before the Cyber Crime Cell, Tirupati District, Andhra Pradesh and during the investigation, the Police has found that one transaction is made by the Melancia Foods Private Ltd, in the account of the present petitioner and therefore, requested to the respondent No.2 herein to freeze the account. Considering the material on record, more particularly, the bank statement of the petitioner, it clearly appears that on 25.09.2024, an amount of Rs.4,54,816/- was credited by Melancia Foods Private Ltd, and the same was regarding the business transaction between the petitioner and the said Company. There is no material on record which can suggest any connection between the bank account of the petitioner and the offence under investigation. It also appears that the petitioner has made a representation to the respondent No.3 in this regard and clarified that he has nothing to do with offence under investigation, however, the same has not been considered. It is to be noted that at the time of the hearing of the petition, none has appeared for the respondent No.3 and no material is placed on record to show the connection between the petitioner’s account and the offence under the investigation. Learned advocate for the petitioner has submitted that the act of the respondent No.3 is clearly violating his constitutional rights and it is even against the principle of natural justice, which caused the grave hardships to the present petitioner and his entire business. Page 4 of 5 R/SCR.A/7579/2025 ORDER DATED: 06/06/2025 8. Considering all the aforesaid, since there is nothing on record to show the connection between account of the petitioner and the offence under investigation at the Alipiri Police Station, the present petition deserves consideration. 9. The present petition is allowed. Since the respondent No.2 has already lien marked an amount of Rs.2,01,392/-, there may not be any objection to de-freeze the bank account of the petitioner and therefore, the respondent No.2- Kalupur Commercial Co-operative Bank Ltd, Science City Branch is directed to de-freeze the bank account of the petitioner bearing No. 04936000087 forthwith. 10. Rule is made absolute to the aforesaid extent. Direct service is permitted. (VIMAL K. VYAS, J) prk/Amarsingh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PIYUSH RAMESHBHAI KANOJIYA(HC01390), PRIVATE SECRETARY, at High Court of Gujarat on 06/06/2025 17:44:17