đš Important Info for P2P Merchants Facing Account Freezes in India đźđł
I wanted to share a recent personal experience that may help others who are dealing with frozen bank accounts due to cyber complaints or Layer 4 credits.
đ Court Ruling Highlights (Madras High Court â W.P. No. 25631 of 2024):
âą Only the disputed amount can be legally frozen, not your entire bank account.
âą Freezing the entire account is illegal.
âą In my case, the court ordered ICICI Bank to hold just âč175 and unfreeze the rest after 8 months of fighting!
âThen my Federal Bank account got frozen for another small Layer 4 credit. Again, no notice, no explanation â full debit freeze.
đ Steps I Took:
1. Asked the bank under which section the police sent the notice:
âą Section 91 CrPC: Police can only ask for details, NOT freeze your account.
âą Section 102 CrPC: Police can freeze, but must inform a magistrate within 2 months.
đ In my case, police never informed the magistrate, so the freeze was technically illegal.
â Takeaway for Merchants:
If your account is frozen:
âą Ask the bank under which section the freeze was issued.
âą If itâs under Section 91 â itâs not valid for freezing.
âą If itâs under Section 102 â ask for proof that a magistrate was informed.
âą Consider filing a writ petition based on the Madras HC precedent.
Letâs help each other stay aware and empowered đȘ
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