Shweta vs Canara Bank (2025:Rj-Jd:18617)
2025 Latest Caselaw 11491 Raj

Rajasthan High Court - Jodhpur

Shweta vs Canara Bank (2025:Rj-Jd:18617) on 16 April, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:18617]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 6936/2025

Shweta D/o Surender Singh, Aged About 26 Years, Currently
Residing at Hostel I-3, Room No.335, IIT Jodhpur NH Nagaur
Road Karwar, Jodhpur, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       Canara Bank, IIT Jodhpur Branch, Karwar Through Its
         Branch Manager, Jodhpur, Rajasthan
2.       Matwada Police Station, Through Its SHO, Warangal
         Commissionerate, National Highway 163, Kishanpura,
         Hanamkonda - 506001, Telangana.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Siddharth Tatiya.
For Respondent(s)         :     Mr. Vishwas Khatri for
                                Dr. Mohit Singhvi.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/04/2025

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the action of

the respondent bank in freezing bank account of the petitioner.

3. Learned counsel for the petitioner submits that the petitioner

is having an account in the respondent bank and she is using the

same for all legal business transactions. He further submits that

the petitioner has never misused her bank account for any illegal

transaction. Learned counsel submits that on account of a

complaint received by the bank from Telangana Police, the bank

account of the petitioner has been freezed. It is contended that as

per the allegations, an amount of Rs.6,800/- has been received in

[2025:RJ-JD:18617] (2 of 3) [CW-6936/2025]

the SBI account of the petitioner. He further submits that against

the feezing of the SBI account, the petitioner preferred S.B. Civil

Writ Petition No.4143/2025, which was disposed of vide judgment

dated 07.03.2025. He submits that the petitioner has not received

any disputed third-party amount as alleged by the respondent

bank, in fact, the only transaction are from her own SBI account.

He, therefore, prays that the respondent bank may be directed to

de-freeze bank account of the petitioner. He submits that the

petitioner is ready and willing to give an undertaking to the effect

that she will cooperate with the investigation as and when called

for by the police or the bank authorities.

Learned counsel for the respondent bank is not in a position

to refute the submissions made by learned counsel for the

petitioner. He submits that on account of a letter received by the

bank from the respondent No.2, the bank account of the petitioner

bearing No.110074445311 was freezed.

I have considered the submissions made at the bar and gone

through the relevant record of the case.

It is a fact that the petitioner's bank account is being used by

her for personal transactions absolutely in a legal manner. The fact

that the petitioner never received any disputed third-party amount

is fortified from the statement of the bank account of the

petitioner issued by the respondent bank (Annex.2). The

respondent bank authorities are not in a position to show that the

bank account of the petitioner has been remitted with any

disputed amount. In this view of the matter, there is no reason for

the respondent bank to freeze the bank account of the petitioner.

[2025:RJ-JD:18617] (3 of 3) [CW-6936/2025]

In view of the discussion made above, the writ petition

merits acceptance. Consequently, the same is allowed. The

respondent bank is directed to de-freeze bank account of the

petitioner bearing No. 110074445311 immediately. It is also made

clear that if the bank authorities receive any further investigation

note from the Cyber Crime Branch, the petitioner shall appear

before the bank authorities as well as the Investigating Officer as

and when called upon to do so.

(VINIT KUMAR MATHUR),J 84-Shahenshah/-

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