ALAPARTHI VENKATA DURGA RAMESH Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by the orders dtd. 11/3/2024 passed in Writ Petition No.14548 of 2023, the petitioner in the said writ petition preferred this intra court appeal under Clause 15 of the Letters Patent.

(2.) The Writ Petition vide W.P.No.14548 of 2023 was filed by the petitioner questioning the action of respondent no.4-Branch Manager, Indian Overseas Bank in freezing the amount in the account of the petitioner to an extent of Rs.1,20,00,000.00 on the letter of respondent no.6.

(3.) The facts that led to filing of this writ appeal, in brief, are that respondent no.6-mother of the petitioner issued a cheque for Rs.1,20,00,000.00 to the petitioner towards settlement of family issues and upon presentation of the said cheque with respondent no.4-bank, the said amount was credited to the petitioner's account. Thereafter, respondent no.4 bank intimated the petitioner by letter stating that respondent no.6 (petitioner's mother/drawer of cheque) submitted a letter stating that she had issued cheque to the petitioner for an amount of Rs.20,00,000.00 only and hence the petitioner's account to an extent of Rs.1,20,00,000.00 was froze. Immediately, the petitioner through communication dtd. 22/4/2022 informed the bank that his mother gave him cheque for Rs.1,20,00,000.00 and requested the bank not to take any steps to re-credit the amount to the account of his mother. For no response to the said communication from the bank, the petitioner lodged a complaint against respondent nos.3 and 4 before respondent no.2-Chairman and Managing Director, the Reserve Bank of India, through communication informed the petitioner that the complaint lodged by him was closed inter alia on the premise that respondent no.4 bank had frozen the account with the consent of the petitioner and respondent no.6 and the petitioner was further informed that in case he is not satisfied with the said order, he can approach the other Forum/Court/Legal Authority in accordance with law for redressal of his grievance. Further, the complaint lodged by respondent no.6 against the petitioner before Station House Officer, Airport Police Station, Visakhapatnam, registered as a case in Crime No.174 of 2022 under Sec. 342, 384, 465, 468, 379, 323, 506 read with 34 of Indian Penal Code was referred as 'mistake of fact' vide Final Report dtd. 14/2/2023. The letter addressed by the petitioner to respondent no.4- Bank, subsequent to referring the criminal case filed against him as 'mistake of fact' is of no avail. In the meantime, the petitioner's mother/ respondent no.6 filed a suit on 28/7/2022 vide O.S.No.158 of 2022 on the file of the court of the learned VI Additional District Judge, Visakhapatnam for recovery of Rs.1,20,00,000.00 together with interest and costs is pending adjudication. The action of respondent no.4 in freezing the account of the petitioner is unsustainable and contrary to Sec. 45 Z(B) and other provisions of the Bank Regulation Act.