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2026 DAILYLAW 23458 (CHH)

VARSHA TRIGUNAYAT @ VARSHA TIWARI v. YES BANK LIMITED

WPC/1402/2026 · 2026-06-24

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:26149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1402 of 2026 1 - Varsha Trigunayat @ Varsha Tiwari W/o Soumitra Tiwari Aged About 38 Years Resident Of Shriji Vaishali, Behind Shri Medishine Hospital, Amlidih Raipur, District Raipur, Chhattisgarh, Presently Residing Near Apollo Hospital, Lingiyadih Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - Yes Bank Limited Through Its Authorized Officer, Registered Office At Yes Bank House Off Western Express Highway Santracuz East Mumbai, Maharashtra Pin Code- 400055 2 - Branch Manager Yes Bank, Link Road Branch Bilaspur, Distict Bilaspur, Chhattisgarh Pin Code- 495001. 3 - State Of Karnataka Through Sho, South Central Crime Police Station, Banglore City, District- Banglore City Pin Code- 560034. 4 - State Of Haryana Through Sho, Cyber Crime Police Station, Gurugram, District- Gurugram Pin Code- 122002. 5 - Union Of India Through Ministry Of Home Affairs, Government Of India, North Block, New Delhi Pin Code- 110001 ... Respondent(s) For Petitioner(s) : Shri Aman Tamboli, Advocate. For Respondent Union of India : Shri Ravikar Patel, CGC. For Respondent Nos.1 & 2-Bank : Shri Chandrikaditya Pandey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/06/2026 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.06.29 17:30:59 +0530 2 1. This Writ Petition has been filed for the following reliefs:- 10.1 That, the Hon'ble High Court may kindly be pleased to direct the respondents to de-freeze her savings bank account bearing A/c No. 052750700000145 at the earliest, in the interest of justice. 10.2 That, alternatively the Hon'ble High Court may kindly be pleased to direct the respondents to consider the representations submitted by the petitioner seeking de-freezing of her account. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. 2. Learned counsel for the petitioner submits that the petitioner holds a savings account in the bank of respondents. Her account number is 052750700000145. The IFSC Code is YESB0000527. It is pertinent to mention here that petitioner also operates the aforesaid account as a demat account and uses it for investing in share market. The petitioner receives dividend amount in her aforesaid bank account. The respondent bank has, upon the direction of respondent no 3 & 4, frozen her bank account and intimation has been sent to the petitioner through e-mail on 23.06.2025. Upon receiving the aforesaid e-mail the petitioner was highly shocked as she has never indulged herself in any such fraud transaction or any transaction which may by any stretch of imagination be termed as cyber crime. As per the e-mail, it has been informed to the petitioner that based on some notice from Cyber Crime 3 Haryana Gurugram the account has been freezed. Herein, it would be pertinent to mention that, no FIR has been registered against the petitioner. Thereafter, the petitioner immediately rushed to the Respondent No. 2 and requested him to withhold the disputed amount. These are the transactions of Year 2024. It has been informed to the petitioner that there has been two online financial fraud cases one from Gurugram Haryana and the other from Bangalore City Karnataka which has been reported to the bank based on which the account has been freezed. The petitioner is operating demat account and investing in share market and mutual funds since long. It is very hard to identify exactly as to who had sent the aforesaid amounts, however as the aforesaid transactions are bank transactions therefore it is well within the domain of the concerned investigating agency to identify the senders. He submits that the petitioner is facing serious prejudice and has suffered serious financial losses due to the aforesaid action of respondents. The petitioner has submitted her representations before the respondents through e-mail sent on 14.01.2026. She has also sent representations to the concerned cyber crime unit. 3. Learned counsel for the petitioner emphasizing on the return filed by the respondents submits that the respondent-Bank is willing to de- freeze the account of the petitioner while withholding the disputed amount i.e. Rs.49,000/-. As such, necessary directions may be issued to respondent – Bank. 4 4. Learned counsel for the respondent – Bank submits that that the amount which is under suspicion i.e. Rs.49,000/- will be withheld by the respondent bank, and so far as the remaining amount in the account is concerned, the petitioner may directed to operate the same. 5. Considering the submissions advanced by learned counsel for the parties, in particular that the disputed amount i.e. Rs.49,000/- will be withheld by the respondent-Bank while the petitioner will be permitted to operate the remaining, this Court finds it appropriate to dispose of the present petition with the following directions: (i) The respondent No.1 and 2/ Bank is directed to identify and withhold only such amount which is under suspicion in connection with the alleged transactions. (ii) The remaining amount in the petitioner’s account shall be released, and the petitioner shall be permitted to freely operate his bank account for all lawful purposes, including withdrawal and day-to-day transactions. (iii) The respondent bank shall ensure compliance of this order within a period of 10 days from the date of receipt of copy of this order. The Bank shall also not close the account of the petitioner. 6. The petitioner is directed to cooperate with the Investigation and whenever Bank or any respondent authority will call her, she shall cooperate with them. 7. The respondent -Bank is further directed to inform the Investigative agency about this order. 5 8. It is made clear that this order shall not preclude the competent authority from proceeding in accordance with law with respect to the amount under suspicion. Sd/- (Amitendra Kishore Prasad) Judge Avinash