• I was transferred money from someone else's account

Hello Sir
i am a doctor, i had a friend in Bangalore who had borrowed money from me in 2008 amounting to 1,10,000 INR, he initially avoided my calls and later in June 2009 he transferred money to my SBI account in Mumbai. i was surprised to find in July that my account was freezed for the aforesaid amount as soon as a letter reached the bank from a police station in Bangalore saying that the amount that has been transferred to my account has been transferred from his then girlfriend's account without informing her and she had lodged an FIR against him in Bangalore police station. i think she mentioned my name too in that FIR. I called up the Police Officer in-charge and assured my full cooperation but since then the case didn't move an inch. i stopped following that and the officer also changed in due course. Now nobody is bothered except me..for past 8 years i have not been able to use my hard earned money for a reason i am not responsible for....kindly help
Asked 7 years ago in Criminal Law
Religion: Hindu

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9 Answers

File a petition for releasing ur account from that court concern

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

Hello,

Challenge the said FIR in the High Court and thereupon seek instructions so that the bank account can be de freezed.

What are the bank personals saying on the same?

What is the status of the FIR?

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hello sir, the more convinient way is to talk to the investigation officer , and get a no- objection certificate , relating to offence and provide it to the bank .. The bank will re-open the account ..2) secondly you can file a application in high court under section 482 Crpc for relief ....what have happened to the FIR since then ??

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. Approach the High Court to get this ban lifted.

2. At best, you could be restricted from withdrawing these 1.1 lacs and that could be preserved in your account; whereas the rest of money lying in this bank account which belongs to you, could be freely used by you without imposition of any restrictions.

3. You have the option to approach the concerned High Court having jurisdiction to get this ban lifted.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

If there is much more money than disputed amount of Rs. 1,10,000 in your saving account of Mumbai. Than I can manage an order from court that you can withdraw balance money than disputed amount of money. Later on we can sue your fraud friend for his act of transferring money in your account by wrong means and can ask to return money in white mode with compensation and interest.

Do you have any proof that you have lent money to your friend?

Nishant Kumar
Advocate, Patna
1 Answer
2 Consultations

1. you shall have to first write a letter to the concerned Bank, and the said police station at Bangalore under copy to the concerned D.C./S.P. having jurisdiction of the said police station at Bangalore, praying for defreezing your said account after keeping the said Rs. 1.10 lakh aside.

2. if you do not get favorable response within next 15 days, file a Writ Petition before you High court against the inaction of the Bank and also the concerned police station making your friend as private party, praying for a relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27500 Answers
726 Consultations

You should have issued legal notice to your friend as soon as your account was frozen

2) filed summary suit to recover your money

3) ask your friend about progress of the case

4) the account would not be defreezed till casecis disposed of

5) your claim is barred by limitation

Ajay Sethi
Advocate, Mumbai
97267 Answers
7856 Consultations

First of all find out the status of the case and also check it up with your friend that whether the case is disposed or still running.

You may obtain a certificate from the concerned police if the case is disposed, to release the frozen account.

You can engage the services of an advocate to know the details and also for further practical issues in this regard.

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

Dear Sir,

By this time the said FIR must have been closed by filing B Report that is NO CASE Report. You have to check in Bangalore concerned police station or concerned Bangalore Court. Then if necessary you have take copie of the same and produce before the Manager and convince him to de-freeze the account. Otherwise get a letter from police station by writing to them or getting status from the court or getting orders from the court. More details on phone

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

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