RAJENDRA KUMAR SAINI S/O RAM SAHAY v. AXIS BANK LTD
CW/19475/2025 · 2026-01-29
Maneesh Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20024 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20024 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:4143] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19475/2025 Rajendra Kumar Saini S/o Ram Sahay, Aged About 39 Years, R/o House No. 1948, Kh. No. 41, Ground Floor, Block D, Street No. 24 Mukand Pur, Samaipur, Dist. North West Delhi. ----Petitioner Versus
1. Axis Bank Ltd, Through Its Regional Nodal Officer, B-115, 1St Floor, Shanti Tower, Hawa Sadak, Civil Lines, Jaipur, Rajasthan-302006
2. The Branch Manager, Axis Bank Ltd., Branch - Mahwa, Dausa, Rajasthan-321608
3. Inspector of Police, Police Station Sakthikulangara Police Station, District-Kollam, Kerala-691581 ----Respondents For Petitioner(s) : Mr. Pawan Singh Meena For Respondent(s) : Mr. Shashi Bhushan Gupta HON'BLE MR. JUSTICE MANEESH SHARMA
Order 29/01/2026
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following prayers:
"It is, therefore, humbly prayed that by an appropriate writ order or direction, the instant writ petition may kindly be allowed and by an appropriate writ, order or direction the respondent may kindly be directed to de-freeze the bank account (the respondent bank in his name having account no. 921010010929518) of the petitioner. By an appropriate writ, order or direction, the respondent may kindly be directed to not freeze the bank account of the petitioner in future without prior notice. Any other appropriate writ order or direction which this Hon'ble Court deems fit may be passed in favour of the petitioner."
3.
Learned counsel for the petitioner submits that the petitioner has never misused his bank account for the purpose of illegal transactions and has not committed any cyber crime. Learned
[2026:RJ-JP:4143] (2 of 3) [CW-19475/2025] counsel for the petitioner submits that the petitioner is ready and willing to cooperate with the Investigating Agencies and will appear before the Bank Authorities and the Investigating Agencies as and when called upon. He therefore prays that the disputed amount, which has been received in the petitioner's account, may be frozen, but that the amount other than the disputed amount may kindly be allowed to be withdrawn. He further prays that the petitioner may be allowed to operate his bank account for the transaction of money.
4. Per contra, learned counsel for the respondent-Bank submits that the bank account of the petitioner has been frozen in pursuance of the Notice received from the Police Station Sakthikulangara, District-Kollam, Kerala. Learned counsel for the respondent-Bank also submits that, as per information received, the disputed amount is around Rs.18,963/- and further submits that the petitioner may be directed not to discontinue the bank account until the investigation is completed or the criminal case is decided.
5.
Learned counsel for the petitioner agrees with the
submissions made by learned counsel for the respondent-Bank.
6. Having heard learned counsel for the parties and in view of the submissions so made, this Court is of the considered view that merely because certain amount has been transferred to the petitioner's bank account in spite of the fact that the petitioner is not involved in fraudulent transaction/illegal activity/or a cyber crime, the act of freezing of the entire bank account and imposing complete restriction on transactions is seriously prejudiced to the rights of the petitioner, at the most the bank can keep lien on the
[2026:RJ-JP:4143] (3 of 3) [CW-19475/2025] amount to the extent it relates to the receipt(s) of offense/disputed amount/amount credited. However, the respondent-Bank should allow the petitioner to operate their bank account over and above such amount in accordance with the law. Therefore, this writ petition is disposed of with a direction to the respondent-Bank
to
de-freeze
the
bank
account No.921010010929518 with Axis Bank, of the petitioner, and he may be allowed to operate transactions in his bank account, while freezing only the amount of Rs.18,963/-, which is allegedly involved in the alleged fraudulent transaction.
7. It is made clear that the petitioner will co-operate with the Bank Authorities and the Investigating Agencies and will appear before them as and when required. It is also ordered that the petitioner shall not close or discontinue his bank account till the Investigating Agencies and Bank Authorities permit the petitioner to do so. It is further ordered that, after the investigation, if the petitioner is found to be involved in any illegal transaction, he shall be liable to pay the amount involved in the illegal transaction and will face the enquiry/investigation as per law.
8. All other pending application(s), if any, shall stand disposed of accordingly.
(MANEESH SHARMA),J DEEPA/RAHUL-17