Kerala High Court
Dbs Bank India Ltd vs State Of Kerala on 26 July, 2023
WP(CRL.) NO. 553 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(CRL.) NO. 553 OF 2023
PETITIONER/S:
DBS BANK INDIA LTD
POTTEKKAT BUILDING, ROUND EAST, THRISSUR. REPRESENTED
BY ITS BRANCH MANAGER MR. ROHIT THAMBAN, PIN - 680001
BY ADVS.
J.RAMKUMAR
M.A.JOSEPH MANAVALAN
KRUSCH P.A
CHANDRASEKHAR P
K.VIDYA(K/388/2008)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ASSISTANT POLICE COMMISSIONER
C-BRANCH, CYBER CRIME, THRISSUR,, PIN - 680001
3 ADDITIONAL DIRECTOR GENERAL OF POLICE(CRIME BRANCH)
CRIME BRANCH OFFICE- CYBER CRIME, EANCHAKKAL,
THIRUVANANTHAPURAM,, PIN - 695008
4 MANU. C. ITTTUP
AGED 30 YEARS, CHALAKKAL HOUSE, VELUTHUR, THRISSUR, PIN
- 680012
OTHER PRESENT:
SRI.K.A.NOUSHAD-SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 553 OF 2023
2
BECHU KURIAN THOMAS, J.
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W.P.(Crl.)No.553 of 2023
=====================
Dated this the 26th day of July, 2023
JUDGMENT
This writ petition is filed seeking the following reliefs:
a) Issue a writ of Mandamus or any other writ, order or direction
directing the 2nd and 3rd respondents to transfer - INR
88,85,689/- from Binance account to the petitioner's bank
account-DBS Bank Indian Limited (account no.
811LIABINEFTPINR, IFSC Code DBSSOIN0811) at the earliest
within a time limit fixed by this Hon'ble Court;
b) Issue a writ of Mandamus or any other writ, order or direction
directing the Respondent No. 2&3, to seek assistance of
National Cyber Crime Bureau and Kerala Police Cyber dome,
Thiruvananthapuram, to freeze 4th respondent's BINANCE
TRADING APP indefinitely, if the investigation agencies fail to
crack the password of the crypto currency account maintained
by the 4th respondent with BINANCE TRADING APP;
c) Issue a writ of Mandamus or any other writ, order or direction
directing the Respondent No.4 to furnish password of the
BINANCE TRADING APP to the investigation agency, to facilitate
the Order of the Chief Judicial Magistrate, Thrissur, for
transferring the money to the petitioner's bank account;
d) Dispense with the translation of documents in vernacular
language;
e) Pass any other relief, order or direction this court may deem fit
and proper under the facts and circumstances of this case.
2. A statement has been on behalf of the 2 nd
respondent. It is noticed from the statement as follows.
WP(CRL.) NO. 553 OF 2023
"19. It may kindly be noted that the investigation has been
carried out in the right way and any earnest efforts are being
taken to regain the money swindled by the accused persons to
the complaint bank and bring the culprits before law. It may
kindly be noted that out of Rs 2,44,89,126.68 /- (Rupees two
crore forty-four lakhs eighty-nine thousand one hundred and
twenty-six and sixty-eight paise only) an amount of Rs
1,56,03,438/- (Rs. One crore, fifty-six lakh, three thousand, four
hundred and thirty eighty only) has been refunded to the
complainant Bank due to the timely interference of the police.
Out of the refunded amount of Rs 1,56,03,438/-, an amount of
Rupees 27,12,937.49/- used for Crypto trading also included.
An amount of Rs. 47,99,736.19 is yet to be refunded.
20. It is submitted that out of Rs.2,44,89,126.68/- lot to the DBS
Bank an amount of Rs.1,56,03,438 /- has been recovered and
transferred to the account of DBS Bank. Hence there is balance
of Rs.88,85,688.68/-. As per the inquiry, no details have been
with the DBS Bank in respect of the money transferred to
Binance through the account of Accused 1 as the transaction
were made between banks ie account to account and not DBS
Bank to Binance.
21. During the analysis of the account statements of the
accused persons it is found that out of Rs.88,85,688.68/-. The
accused persons used Rs 47,99,736.19/- for crypto coin
trading. Out of remaining amount, the accused 1 bought four
iPhones worth Rs.4,29,000/- (Four lakh Twenty-Nine Thousand
only), one laptop worth Rs.1,27,000/-, deposited an amount of
Rs.5,71,000/- in Fi mony, deposited Rs.12,00,000/- as FD in Ind
money, transferred Rs.1,80,000/- to the account of A2 Nithin
etc., The mobile phones and the lap top were recovered.
Requests has already been sent to the banks to freeze the
connected bank accounts.
WP(CRL.) NO. 553 OF 2023
22. As per the inquiry, it is learned that the accused have
made Crypto trading by using the misappropriated money. The
Euro available in the Binance account of accused 1 is
suspected to be bought by this amount. Necessary request has
been sent to Binance Portal on 19.06.2023 to send 53630.73
EURO equivalent to the pending amount ie Rs. 47,99,736.19/-
or the same itself to the account of DBS Bank Account bearing
No. 811LIABJNEFTPINR from the ID of Cyber Police Station.
Since no action was found initiated from the part of the
Binance team, on 05.07.2023, 06.07.2023 and 18.07.2023
requests and confirmations were also sent to Binance from the
newly created ID as they requested.
23. It is also submitted that, while the communications were
going on with the Binance team through the newly created, on
10.07.23 a letter has been received at Cyber Police Station
Thrissur from the Binance team saying that that.... 'following
the successful transfer, we will proceed with an off boarding
process on the count. This process will enable the suspect to
withdraw the remaining funds.' In this circumstance another
letter was sent to the Binance team on 22.07.23 saying that if
the balance EURO available in the account of Manu is released
in his favour, it would create difficulties in recovering the
amount due to DBS Bank. As per the communication from the
Binance, there is 60625.09377 EURO is kept in the account of
the accused Manu. Hence, requested the Finance Law
Enforcement team to transfer the entire EURO available in the
account of the accused Manu to the account of DBS Bank.
24. It may kindly be noted that all possible efforts are being
taken to regain the cheated money to the complainant bank at
the earliest. Necessasry Communications are being made with
the Binance team to transfer the fund. "
3. It is evident from the above statement that the
WP(CRL.) NO. 553 OF 2023
Investigating Officer has requested the Binance Law Enforcement
team to transfer the entire amount available in the account of the
petitioners. It is also observed that all possible efforts are being
taken to retrieve the cheated money to the complainant bank at the
earliest and that necessary communications are also being made
with the Binance team to transfer the funds.
In view of the above, no further reliefs are required to be
granted to the petitioner in this writ petition. Accordingly, this writ
petition is closed.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(CRL.) NO. 553 OF 2023
APPENDIX OF WP(CRL.) 553/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE STATEMENT OF ACCOUNT OF
THE SAVINGS ACCOUNT BEARING NO.
0744360000000973 MAINTAINED BY THE 4TH
RESPONDENT FOR THE PERIOD FROM 08.12.2022 TO
19.05.2023
Exhibit P2 A TRUE COPY OF THE FIR IN CRIME NO. 31/2022
OF CYBER-CRIME POLICE STATION
Exhibit P3 A TRUE COPY OF THE ORDER DATED 23.1.2023 IN
CRL. M.P 504/2023 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, THRISSUR
Exhibit P4 A TRUE COPY OF THE ORDER DATED 07.03.2023 IN
CRL. M.P 1274/2023 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, THRISSUR
Exhibit P5 A TRUE COPY OF THE E-MAIL COMMUNICATION DATED
20.04.2023 OF THE BRANCH MANAGER OF THE
PETITIONER TO THE E-MAIL ID
CYBERPSTSR.[email protected], OF THE 2ND
RESPONDENT
