๐จ Important Update for P2P Merchants in India Facing Account Freezes ๐ฎ๐ณ
I recently went through this myself, and sharing it here may help others stuck with frozen bank accounts due to cyber complaints or Layer 4 credits.
๐ Key Court Ruling (Madras High Court โ W.P. No. 25631 of 2024):
Only the disputed amount can be frozen โ not your entire account.
Freezing the full account is illegal.
In my case, ICICI froze my whole account for 8 monthsโฆ but the court ordered them to hold just โน175 and release the rest. โ
โ Later, my Federal Bank account was also frozen for a small Layer 4 credit โ again with no notice or explanation.
๐ Steps I Took:
1. Asked the bank under which section the police sent the notice:
Section 91 CrPC โ Police can only ask for details, NOT freeze your account.
Section 102 CrPC โ Police can freeze, but must inform a magistrate within 2 months.
๐ In my case, the police never informed the magistrate, making the freeze technically illegal.
โ Takeaway for Merchants:
If your account is frozen:
Ask the bank under which section the freeze was ordered.
If 91 CrPC โ not valid for freezing.
If 102 CrPC โ demand proof a magistrate was informed.
If not, you can file a writ petition, citing the Madras HC precedent.
๐ก Awareness = Protection. Letโs help each other stay strong and informed. ๐ช
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