ASHABEN SUBHASHBHAI SHINDE Vs. STATE

JUDGEMENT

(1.) All these petitions are an off-shoot of registration of crime in Crime No.335 of 2021 registered for offences punishable under Ss. 419 and 420 of the IPC and Ss. 66C and 66D of the Information Technology Act, 2008. The petitioner in Criminal Petition No.6690 of 2021 calls in question registration of crime and investigation sought to be conducted thereupon. Petitioners in Writ Petition Nos. 21388 and 24431 of 2021 call in question the direction issued by the respondent/Police to the respective Banks in which the petitioners have their accounts, to mark lien, on certain amounts arising out of the very same crime. Since these petitions arise out of a common crime, they are taken up together and considered in this common order.

(2.) Heard Dr. Narendra K.Amin, learned senior counsel appearing for the petitioner in Crl.P.No.6690 of 2021; Sri M.S.Shyam Sundar, learned senior counsel appearing for the petitioners in W.P.Nos. 21388 of 2021; Sri Vivek Reddy, learned senior counsel appearing for the complainant and Smt. K.P.Yashodha, learned High Court Government Pleader for the respondent/State. Criminal Petition No.6690 of 2021:

(3.) The petitioner in the subject petition calls in question the very registration of crime in Crime No.335 of 2021. 1st respondent is the complainant. It is the case of the complainant that he, one Ramesh TV and Mahendra generated certain interest to start a business in Crypto currency trading and were introduced to the petitioner, he being a dealer in Crypto currency through Ramesh TV. Ramesh TV had known the complainant for 6 years and had already been in certain business transactions with the complainant. It is, therefore, the complainant, Ramesh TV and other person come in contact with the petitioner. The petitioner appears to have assured the complainant and others that the trade in Crypto currency is good and if the amount of investment is higher the amount of returns would be even higher. Believing the words of the petitioner, the complainant makes a transfer of Rs.3.5 crores through 2 P2P account namely Dinero payment solutions and Akonto payment solution to the account of Bhumi Agro maintained at the Central Bank of India, Ahmedabad. The transaction was made on 15/5/2021. After the said transaction for two days, the petitioner was in touch with the complainant and later, he becomes absconding and the money that the complainant had transferred had lost its track after getting into the Central Bank of India of the petitioner.