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Topic: Solution for Bank Account frozen by Cyber Police due to P2P Trading (India) - page 4. (Read 1866 times)

newbie
Activity: 2
Merit: 0
I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps

I have replied earlier. My best wishes for a speedy solution.

Thank you! I will follow the suggested approach, hope it works out well.

Thanks again!
jr. member
Activity: 31
Merit: 16
I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps

I have replied earlier. My best wishes for a speedy solution.
sr. member
Activity: 1402
Merit: 264
I voted for Fantom India. As a monetary democracy.

Soeh. I get paid for my votes.
newbie
Activity: 2
Merit: 0
I am facing the same issue. My account with HDFC Bank is in debit freeze state for more than 6 months now.

@HypeManBoosted I have sent you PM, let me know if you could suggest next steps
jr. member
Activity: 31
Merit: 16
If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?



Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.
Hii,
Main FIR is under section 154.
Anymore details needed sir ?
Im unable to send you a direct message sir, as you have disabled messages from newbies on this website.

The freeze notice has to be under Section 91 or Section 102 CrpC. This notice will be available with the bank. Did you check under which section it was sent?

I have enabled personal messages. You can contact me via PM.
hero member
Activity: 2268
Merit: 724
Bitcoin = Financial freedom
This post is for those people who are innocent and have their bank account frozen due to a debit freeze order from Cyber Police.


I am from Pakistan and we also have the same situation where the government authorities are willing to arrest people who are big dealers in crypto P2P. Is India also facing the same issue and crypto is illegal in India too  Sad

I wonder when our governments will understand that crypto is the need of the time and banning will not help anyone. Regulating crypto will not only help people and the governments but the frauds could be minimized too.
AFAIK, cryptocurrencies and cryptocurrency trading in any form is completely legal now but the banks are against it but it was overuled by the SC judgement now many exchanges even working there and depositing fiat from banks. So the only issue is not related with the cryptocurrency it maybe something related to the source of funds and it will take time to move this case legally and even for years in country like India if I am not wrong.
newbie
Activity: 4
Merit: 0
If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?



Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.
Hii,
Main FIR is under section 154.
Anymore details needed sir ?
Im unable to send you a direct message sir, as you have disabled messages from newbies on this website.
jr. member
Activity: 31
Merit: 16
If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?



Hello Prem. Thank you for sharing the details.

First of all, you need to check the freeze order copy for specific instructions to freeze your account. The second thing you need to check is if the freeze notice is under Section 91 or 102. You will find this information at the top of the notice. Has any FIR been registered in this matter?

Once you provide this information I will guide you with a future course of action. You can also send me a private message if you do not wish to share details publicly.
hero member
Activity: 2198
Merit: 832
This post is for those people who are innocent and have their bank account frozen due to a debit freeze order from Cyber Police.


I am from Pakistan and we also have the same situation where the government authorities are willing to arrest people who are big dealers in crypto P2P. Is India also facing the same issue and crypto is illegal in India too  Sad

I wonder when our governments will understand that crypto is the need of the time and banning will not help anyone. Regulating crypto will not only help people and the governments but the frauds could be minimized too.
newbie
Activity: 4
Merit: 0
If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
Hello sir,

I'm prem. my bank acc got freezed on nov 30rth, 2021. Freeze came from mumbai police station. And the freeze came for doing p2p transactions on binance. I have got the complaint letter from my bank. It is mentioned in the letter as follows.
"Tulinj police station had registered C r no 1163/21, u/s 420,34 of IPC r/w 66 (c)(d) of information technology act 2000 dt 18/09/2021". I called the resp officer and he asked me to come to the station to give my statement.
i have gone to the tulinj station to give my statement on 27th dec and gave my statement. Its been nearly 1.5 month from the freeze date. when i called the officer recently , he said he cannot do anything and we need to wait till main culprit is found . And i didnt get any direct complaint from anyone to freeze my account , its just chain freeze kind. Officer said Some fraudsters using scam money to buy crypto from you , so thats y money to came to your account and got freezed.
Can you please guide me on what to do next and how to get my acc unfreezed?

jr. member
Activity: 31
Merit: 16
If your bank repeatedly claims that they have powers to freeze your account under section 91 then show them the following:

Mohd Rizwan Ansari vs. State of Uttarakhand & Others. Writ Petition (M/S) No. 699 of 2021

In paragraphs 10 & 11 the Hon'ble Uttarakhand High Court stated:

"10. In view of the aforesaid legal position, this Court has no hesitation in holding that the direction issued by the Investigating Officer under Section 91 of Cr.P.C. to the Branch Managers to freeze the Bank Accounts of the petitioner, is not sustainable in the eyes of law.

11. In such view of the matter,  the Banks are not bound to comply with such direction as regards freezing of Saving Bank Accounts of the petitioner. "

The bank cannot go against the HC's decision. Tell them you will be sending them a show-cause notice soon and will drag them to court and sue for damages for violating your personal liberty under Article 21 of the constitution.

You can download a copy of the above-mentioned judgment here:
https://app.box.com/s/f119n0cbsf7vorgnx1hv3wn61eauqpqm
jr. member
Activity: 31
Merit: 16
Hi, my account got frozen by axis due to noticefrom cyber cell. This was because of p2p trade on wazirx.
 bank got 2 notice. both are under crpc 91. Axis bank is contesting they have power under crpc 91 to freeze!

Request your advice

Neither the bank nor the police have any power to freeze your account under Section-91 CrPC. It's illegal and contrary to law. Obtain a copy of the notice from the bank. Read thoroughly to check if there is any instruction for freezing your account or if the notice is general in nature.
newbie
Activity: 1
Merit: 0
Hi, my account got frozen by axis due to noticefrom cyber cell. This was because of p2p trade on wazirx.
 bank got 2 notice. both are under crpc 91. Axis bank is contesting they have power under crpc 91 to freeze!

Request your advice
jr. member
Activity: 31
Merit: 16
Criminal cases are processed much faster in India. If you have done nothing wrong then there is no question of freezing. Banks nowadays are freezing accounts even without authorization. Its important to make them accountable for an illegal freeze.

Sorry banks can freeze account that is flagged and being flagged can happen either through,

1. The government directly: The officers of government or through the government agency can write to a bank on a particular bank account under investigation to suspend transactions on it for a period of time pending investigation on it, this could lead to freezing, suspension or the account being free for transaction.

2. Through the court: The court can also issue an order to a bank to free a particular account either the owner is avoiding arrest to frustrate the person financial source, illegal business owners etc.

3.The bank itself can flag an account on its own: If a bank identify a fraudulent action on an account, it can flag or freeze the account pending findings and resolutions.

The bank is a government agency and can freeze an account because it is working on the directives of the government.

Banks have no power to freeze an account without prior authorization from a Government Authority. If they suspect anything fraudulent then they can report it to the FIU or ask the customer for justification and for fresh KYC. An arbitrary freeze by the bank will be considered illegal and a direct violation of the person's right to life under article 21 of the constitution. There are no rules framed by the RBI that allow a bank to put an indefinite freeze on your account.
legendary
Activity: 1624
Merit: 1799
Binance #SWGT and CERTIK Audited

Do not trade in P2P with unknown people. Avoid P2P trading on platforms like Binance and WazirX since Binance owns WazirX and they are involved in multinational investigations for various types of alleged crimes.

Withdraw directly from platforms and use a separate bank account for such transactions which will help you keep track. Do not keep your savings or investments in such accounts.

Scammers and fraudsters are everywhere. Do not share your bank details with anyone and do not allow anyone to use your bank account.


Thank you for this article, which is full of important legal information that you should know in case anyone is exposed to such incidents.
But I would like to point out the exact point you mentioned:
 "Do not trade in P2P with unknown people"
This is absolutely true because it carries a high risk, not only can you buy money from fraudulent people who use you to launder their money, but also there are other risks that can occur due to a p2p exchange, for example, two days ago my friend told me that his uncle used the Binance platform to conduct a p2p trading where he wanted to sell 7000$ From bitcoin at a price greater than the market, but unfortunately for him he transferred his balance of bitcoin to the other person and pressed the “release” button before he got the money, and so the other person took the bitcoin and did not transfer the money and this man lost his money as a result of his stupidity and because of this type of service, the fraudster did not return his calls and Binance did not compensate for his loss.
This incident also indicates the danger of this type of trading and that spot trading on platforms is much better and safer.
hero member
Activity: 2408
Merit: 614
Leading Crypto Sports Betting & Casino Platform
Criminal cases are processed much faster in India. If you have done nothing wrong then there is no question of freezing. Banks nowadays are freezing accounts even without authorization. Its important to make them accountable for an illegal freeze.

Sorry banks can freeze account that is flagged and being flagged can happen either through,

1. The government directly: The officers of government or through the government agency can write to a bank on a particular bank account under investigation to suspend transactions on it for a period of time pending investigation on it, this could lead to freezing, suspension or the account being free for transaction.

2. Through the court: The court can also issue an order to a bank to free a particular account either the owner is avoiding arrest to frustrate the person financial source, illegal business owners etc.

3.The bank itself can flag an account on its own: If a bank identify a fraudulent action on an account, it can flag or freeze the account pending findings and resolutions.

The bank is a government agency and can freeze an account because it is working on the directives of the government.
jr. member
Activity: 31
Merit: 16
Criminal cases are processed much faster in India. If you have done nothing wrong then there is no question of freezing. Banks nowadays are freezing accounts even without authorization. Its important to make them accountable for an illegal freeze.
hero member
Activity: 2268
Merit: 724
Bitcoin = Financial freedom
Post Updated!
It would be better if you add what are the contents edited in OP so that it will be helpful for someone like me who is having short term memory loss. Cheesy

And again, you may get access to your account back but its not going to be easy and you have to wait for years to access the funds back so being cautious can save lot of your time.
jr. member
Activity: 31
Merit: 16
The same here.

Did you get the freeze order copy from the bank?
hero member
Activity: 1666
Merit: 753
There is definitely a real risk that you may be getting funds from frausters when you sell bitcoins on a p2p platform.

Especially in India, where regulations seem to be extremely tight, you need to be very careful not to deal with anyone who is even remotely sketchy.

I would say that you should deal in cash deposits and ask for receipts whenever possible and wherever you are, because that is the closest thing you will get to irreversability and untraceability. That is certainly the norm here in AU.
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