One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If a bank fails to comply with a court order – like one from a Lok Adalat – directing release of cyber fraud funds, you first follow up with the IO to confirm receipt. If delay continues, send a legal notice to the bank and then file an execution petition before the same court that passed the order. There's no fixed statutory timeline for the bank's response, but an unexplained delay can be challenged in court.
The client from Jaipur was defrauded of Rs. 80,000 on OLX in early April 2025. A middleman tricked him into a fake deal. He immediately reported it on the cyber crime portal, which froze the amount. Then he filed an FIR at the local police station in Vaishali Nagar. By June 2025, the Lok Adalat passed a clear order directing the bank to release the money. The Investigating Officer forwarded the court order. But here's the catch – the bank never replied. Not a word. The IO even sent a reminder in July 2025. Still silence. The client approached the Chamber of Advocate Sudhir Rao after those initial efforts failed. His office quickly assessed the situation. Advocate Sudhir Rao's deep expertise in cyber fraud recovery cases – especially dealing with non-compliant banks – made the difference. His team advised immediate follow-up with the IO and initiation of execution proceedings. The approach was precise, procedural, and cut through the bank's bureaucratic delay.Key Facts of the Case
- Date of fraud: Early April 2025 on OLX platform.
- Amount involved: Rs. 80,000 transferred to fraudster's account.
- Immediate action: Cyber crime portal complaint filed; amount frozen.
- FIR lodged: At Vaishali Nagar police station in Jaipur.
- Court order: Lok Adalat passed order in June 2025 directing bank to release funds.
- IO action: Forwarded court order to bank; sent reminder in July 2025.
- Bank response: None – completely unresponsive.
- Legal gap: No statutory timeline for banks to comply with such orders, but delay is challengeable.
The Direct Legal Answer
The source post raises two clear questions. Here they are answered head-on.
What steps to take next when the bank ignores the court order?
First, confirm with your IO that the bank has received the order properly. Ask for proof of delivery. Second, send a formal legal notice to the bank demanding compliance. Mention that continued silence may lead to contempt proceedings. Third – and this is the strongest route – file an execution petition before the same Lok Adalat that passed the order. That court can compel the bank to comply and even impose costs for the delay.
What is the processing timeframe for refund?
There is no fixed statutory timeline. Banks usually process such orders within 2-4 weeks. But when they don't, timeframes become irrelevant. You force compliance through court action. Don't wait indefinitely.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, keep a written record of every communication with the IO and the bank. Emails, letters, acknowledgements – all of it matters in court. Third, this type of case – cyber fraud recovery with a non-compliant bank – involves nuanced procedural strategies under BNSS. A general practitioner may not regularly handle execution of Lok Adalat orders. Engaging an advocate with specific experience in financial fraud and enforcement proceedings usually leads to faster, better outcomes.
Applicable Sections of Law
Cyber fraud involving cheating by impersonation or deception is an offence under the Bharatiya Nyaya Sanhita (BNS), 2023. The relevant sections include Section 318(2) BNS(cheating), Section 319 BNS(cheating by personation using computer resource), and Section 111 BNS(criminal breach of trust). Procedurally, the FIR and investigation are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – specifically Section 173 BNSS(police report) and Section 175 BNSS(private complaint). For enforcing the Lok Adalat order, the Legal Services Authorities Act, 1987 applies, particularly Section 22E making the award final and binding.
Punishment and Penalties
Under Section 318(2) BNS, cheating is punishable with imprisonment up to 7 years and fine. Section 319 BNS – cheating by personation using a computer – carries up to 5 years imprisonment and fine. These are cognizable (police can arrest without warrant) and non-bailable offences (bail is not automatic). They are non-compoundable, meaning the offences cannot be privately settled between parties – the state prosecutes.
Jurisdiction – Where to File the Case
The FIR should be filed at the police station where the fraud occurred or where you reside. For the execution petition, you approach the same Lok Adalat that passed the order. If the bank continues non-compliance, a writ petition can be filed before the High Court of your state – here, the Rajasthan High Court. Pecuniary jurisdiction is relevant for civil recovery suits, but for criminal enforcement, the Magistrate's court where the FIR is pending handles it. Jurisdiction matters because filing in the wrong forum delays your case.
What if Police Refuse to File FIR?
If the police refuse to register your FIR for cyber fraud, do not lose hope. Under Section 173(4) BNSS, you can approach the Superintendent of Police with a written complaint. If that fails, file a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can order investigation. As a last resort, approach the High Court through a writ petition under Article 226 of the Constitution. Here are actionable steps:
- Write a formal complaint to SP/Commissioner of Police.
- Get a receipt or acknowledgement of your complaint.
- If no action in 7-10 days, approach the Magistrate.
- Keep all cyber portal complaint references handy.
Rights of the Accused
Even in cyber fraud cases, the accused has rights. Under Article 20(3) of the Constitution, no one can be compelled to be a witness against themselves. Article 22 guarantees the right to legal counsel. The accused must be produced before a Magistrate within 24 hours of arrest. They have the right to a copy of the FIR and to know the grounds of arrest. Key points:
- Right to remain silent.
- Right to free legal aid if indigent.
- Right to bail if the offence is bailable (some cyber fraud provisions are non-bailable).
- Right to challenge the FIR through quashing if frivolous.
Bail Provisions
Cyber fraud under Section 319 BNS is non-bailable. That means bail is not a matter of right – the court exercises discretion. Anticipatory bail can be sought under Section 482 BNSS if the accused fears arrest. Regular bail is applied for under Section 480/483 BNSS. Courts typically grant bail on conditions like furnishing a surety, surrendering passport, and not tampering with evidence. Bail strategy depends on the strength of the prosecution's case – an experienced advocate can argue for bail effectively even in non-bailable offences.
Quashing of FIR / Case
An FIR can be quashed by the High Court under Section 528 BNSS (inherent powers). Grounds include: no prima facie offence, abuse of process of court, or settlement between parties (only for compoundable offences – but cyber fraud under Section 319 BNS is non-compoundable, so quashing on compromise is rare). Quashing is a viable strategy if the FIR is clearly baseless or motivated by malafides. But for a legitimate cyber fraud case, quashing is rarely successful.
If You Are the Victim
- Immediately report on the cyber crime portal (cybercrime.gov.in). This freezes the fraud account quickly.
- File an FIR at the nearest police station – do not delay.
- Keep all transaction screenshots, chat logs, and call records as evidence.
- Follow up with the IO regularly – get status updates in writing.
- If bank delays, get legal help for execution petition – don't wait months.
Documents You Must Keep Ready
- Aadhaar or PAN card for identity proof.
- Bank statement showing the fraudulent transaction.
- OLX listing/ad screenshot.
- Screenshots of chat with the fraudster/middleman.
- Copy of the Lok Adalat order.
- Proof of the IO forwarding the order to bank (email or letter).
- Any communication from the bank (or lack thereof).
- Cyber crime portal complaint reference number.
What Evidence Is Required?
- Primary evidence: Bank transaction records, screenshots of conversations, the court order.
- Secondary evidence: Affidavits, certificate under Section 65B of Evidence Act (for electronic records).
- Witness testimony – you as the victim, the IO, bank officials.
- Call records with the fraudster's number.
- Proof of filing on cyber crime portal and FIR.
- For execution petition: proof that order was served on bank.
How the Police Behave in Such Cases
Police treat cyber fraud with varying seriousness. Larger cities often have dedicated cyber cells. But in smaller stations, the IO may lack technical expertise. They may be slow to forward court orders or follow up with banks. Some IOs are cooperative; others treat it as routine paperwork. The key is polite but persistent follow-up in writing. If the IO is unresponsive, escalate to the SP. Having a lawyer's letter usually speeds things up.
Timeline of Legal Process
- FIR to Investigation: 1-3 months (cyber crime investigations can be faster with tech support).
- Chargesheet filing: 60-90 days from arrest; 90+ days without arrest.
- Cognizance by Magistrate: 1-2 months after chargesheet.
- Framing of charges: 1-2 hearings.
- Trial and judgment: 6-12 months for simple cases; longer if complex.
- Execution of Lok Adalat order: 1-3 months if bank complies; 3-6 months if you file execution petition.
- Appeal: 6-12 months if filed.
How Long Will the Investigation Take?
Cyber fraud investigations are relatively faster when the digital trail is clear. The cyber crime portal helps freeze accounts within days. The IO typically completes investigation and files chargesheet within 60-90 days. But if the fraudster is unidentified, it may stretch. The bank's non-compliance with the court order is a separate enforcement issue, not part of the investigation timeline.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Cyber fraud cases under BNS are non-compoundable – the state prosecutes the accused, and you cannot privately settle the criminal aspect. But the recovery of your money is separate. You can pursue a compromise with the accused for restitution. In Lok Adalats, settlements are encouraged. Mediation is another option. However, when the bank is the non-compliant party, out-of-court settlement is not relevant – you need court orders to force compliance. Settlement is advisable only if the accused offers genuine restitution and the recovery is quick.
Common Mistakes People Make
- Delaying the FIR and cyber portal report – every hour matters in freezing accounts.
- Deleting chat logs, screenshots, or call records – don't delete anything.
- Speaking to the fraudster or bank without legal counsel – it can be used against you.
- Posting about the case on social media – it can compromise the investigation.
- Engaging a lawyer without domain experience: Cyber fraud recovery involves nuanced procedural steps under BNSS and execution of Lok Adalat orders. A general practitioner who does not handle such cases regularly may miss the window for freezing accounts or filing the right enforcement petition. An advocate with specific experience in financial fraud cases ensures the right procedural strategy from day one.
FAQs People Normally Have
What if the bank claims it didn't receive the order?
That's why you get proof of delivery from the IO. If the bank denies receipt, the IO can resend it with acknowledgement. If they still ignore, the execution petition forces the issue.
Can I directly approach the bank's grievance officer?
Yes. Send a formal email to the bank's nodal officer under the RBI's Ombudsman Scheme. But after a court order, the bank's internal grievance process is secondary. Court action is faster.
Is there a time limit to file execution petition?
Yes. Under the Limitation Act, execution of a decree or order must be filed within 12 years. But for Lok Adalat orders, file it as soon as delay becomes unreasonable – don't wait longer than 2-3 months of non-compliance.
Can I file contempt of court against the bank?
Possible, but not automatic. The execution petition is the primary remedy. If the bank wilfully disobeys the order, the court can initiate contempt under the Contempt of Courts Act. But this is a heavier step usually taken after the execution petition fails.
Will I get my money back in full?
If the money is frozen, yes – the court order directs the bank to release the full amount. But if the fraudster has withdrawn funds, recovery depends on tracing the money. In your case, the amount was frozen, so full recovery is highly likely.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.