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Shyam Acharya   18 March 2022

Police freezing personal bank account of ex employee

Hello
Plz advice me.
I was working as a sales person with a spare parts company in Mumbai. Due to the nature of my job I was assigned task to create franchises of spare part dealers across Madhya Pradesh state.
I did so and due to my salesmanship I was able to make couple of big distributors of our spare parts.
This was done by me prior to COVID say between 2018 to 2019.
The distributors started placing orders for spare parts with my ex company and the supply team would always send across half of the order.
Due to this scenario the company received much more money versus the orders that it was suppose to deliver.
The distributors demanded their refund or the balance of spare parts but my ex company kept on giving assurances to such distributors. I too believing that the situation was transient would actively engage with these distributors and assure them that neither the spare parts nor their money is at any risk.
However one of the large distributors of Gwalior had an FIR against my ex company directors and me registered in 2021 under sec 409 & 420.
I was completely unaware of this occurrence and learnt about it when I visited my Union Bank branch where my personal accounts were frozen by Gwalior police.
I don't understand that as an ex employee of the company why my accounts have been frozen as I was just an employee of the company and it is no way my fault that the company or its directors have not kept the promises with the distributors.
I spoke to the police inspector who had registered the FIR and he told me to pay up the money due to the distributors else not only will my accounts remain frozen but I will be arrested too.
I am not getting much support from the director officials of my ex company
What should I do to unfreeze my bank accounts as I have no money on hand to spend.

Regards

Shyam Acharya
 



Learning

 2 Replies

Palak batra   20 March 2022

Dear Querist,

 

If your account has been frozen then you should file Motion to Vacate. For this, you will need a debt-collection defense attorney. If the judge gives the verdict in your favor then your account will be released.

 

In many cases like social security, disability benefits, the government gives automatic protection. If your account falls in this range, then you can demand the release of your account. Even if the verdict is pronounced against you, your account will be unfrozen.

 

Regards,

Palak

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2022

I think only a court can issue order to freeze an account and police cannot freeze the account. If a court order to freeze your account is imminent, then you should immediately obtain a coveat that the court can freeze your account only after hearing you. I believe that the parties would have deposited their money only in the account of the company and not in your personal account. You immediately get a certified statement of your account with your bank to show that no amount of the parties have been deposited in your personal account. You produce it before the court/police when necessary.


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