STATE OF MAHARASHTRA Vs. AVINASH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment of a Single Judge of the Bombay High Court at its Nagpur Bench dated 18 Aug. 2016 by which a criminal application filed by the respondent has been allowed and a direction for the de-freezing of his bank accounts has been issued.

(3.) On 9 May 2014, a First Information Report was lodged against the Directors of a company by the name of Wasankar Wealth Management Ltd alleging that the complainant Vivek Pathak had been fraudulently induced to part with an amount of Rs. 2.74 crores by way of an investment. On the basis of the information received, offences were registered under Sections 420, 406, 506 and 120 B of the Penal Code and Sec. 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 ('MPID Act'). During the course of investigation, the respondent was arrested, together with other accused. The bank accounts of the respondent were attached in exercise of powers conferred by Sec. 102 of the Code of Criminal Procedure, 197