recover money from freezed account
Dear sir, As per advise from local police authority I need a court order for my amount lodged in a debit freezed fraudulent account(Lottery scam) Please let me know as to where the case can be filed(blore jurisdiction),criminal court,documents required,charges and duration for getting the court order. Thanks and Regards, Shashwathi.S
A suit for recovery of the amount freezed in a fraudulent account can be filed in the criminal court under Section 420 of the Indian Penal Code. A suit can also be filed in the civil court to recover the money together with the interest and other miscellaneous charges.
Such plaint requires details of the plaintiff and verification that the contents are true. A Vakalatnama is required which gives authority to the advocate to represent the party on his/her behalf. Court fees is attached to different documents and depends on the value of the amount claimed.This is mentioned in the Karnataka Court-fee and Suits Valuation Act, 1958. Duration for getting the court order can be quick if the case is simple and does not have major objections from contesting parties.
Generally, in cases of any financial fraud of large extent such as lottery scam or other such financial misappropriation of funds on a large scale, the court generally gives the order to freeze the accounts of not only the defaulter but also all such accounts which in one way or the other had any sort of transaction with the defaulter company or person.
Your situation seems one of them whereby you had to do something or other with the defaulter company, more or less in the form of a trap and hence which resulted in the court giving the order to freeze your bank account.
Basically, in such cases, the court handles such matters first to the investigating agencies in order to ascertain the victim and the culprit and once the report is submitted and the court in convinced that you are a victim and not the culprit, it gives the order to move such restrictions as imposed on your bank account also known as debit freezed fraudulent account.
Now, in your case since the police has asked you to obtain an order from the court and since it is a case of financial misappropriation, chargeable under various sections of IPC, the appropriate jurisdiction would be the Sessions Court as the such offences are punishable with imprisonment for more than 3 years and hence the jurisdiction of the Sessions Court is revoked. Now once we have ascertained our jurisdiction, we further need to get hold of all the necessary documents related to your accounts, generally all the transaction details for the past 1 year or as demanded by the court in order to prove the fact that your freezed account did not have anything to do with the scam whatsoever. Once the judge is convinced that your account is free from such misappropriation of funds and that you are innocent, the court may pass such order as it may deem fit, acquitting you of all the charges and direct the investigating agencies to restore your bank account to normalcy.
However, it is important to note that in such cases you must come with clean hands. If during the hearing of your suit, the judge even gets the slightest of apprehension that you had a role to play in the financial misappropriation, then he may initiate criminal proceeding against you, hence you and your lawyer must be very well prepared with the case so as to refrain from such situation.
Getting relief in such matters is very subjective and depends both facts and circumstances of the case and also as to how proactive the judge is. Although going by the past experiences, it may take anywhere between a couple of months at max. But again that totally depends on the amount and people involved in the case. If the case is a small and does not deal large amounts then the judge may grant relief in few hearings as well, so it’s important you file your suit first and do everything that’s in your hand.
Talking about the charges, the court may ask you to deposit certain amount of money as security, that also depending upon the amount of money that is in your account and the amount of fraud involved in the case.
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