Mumbai: The Bombay high court has directed the HDFC Bank to take other available legal remedies like approaching the magistrate court seeking to revoke the attachment of the bank account owned by Amar Khanna alias Sarfaraz Ahsan, arrested for allegedly raping and cheating a veteran actress so that it could recover more than Rs 11 lakh from him.
Khanna’s bank account was attached after two other women complained against him for cheating them. These women had filed complaint much before the actress registered an FIR.
According to the actress, the accused allegedly raped her and also cheated her of more than Rs 15 crore.
The division bench of Justice B.P. Dharmad-hikari and Justice S.V. Kotwal was hearing a petition filed by HDFC Bank. According to the petitioner, Khanna has an account with it and also has availed himself of the credit facility.
The bank’s lawyer informed the court that amount available in the bank account is enough to satisfy the demand of the petitioner (the bank).
However, due to the cheating complaints of the two women, the police attached the bank account and hence it was unable to recover its money.
The bank’s lawyer had further argued that the investigation into the ca-se against Khanna was o-ver and chargesheet had been filed and there was no further order of the court for the continuation of attachment and hence the attachment cannot survive.
The bench, however, observed that at this stage the court could not appreciate the contention of the bank.
The judges said the bank could have approached the magistrate court and sought revocation of the attachment by pointing out its lien or other rights to that account. The court also noted that the complainant women have not been included as parties in this petition.
The court, without making any observation disposed of the petition and also granted liberty to the bank to take steps available in the law to recover its money.
