Advocate Shubham Sharma

Questions Answered by Advocate Shubham Sharma (25+ answers)

Q: Request for Guidance Regarding Debit Freeze on Savings Account (Layer-

Delhi Police has debit frozen my savings account under Layer-2 involvement. As per my understanding, only the disputed transaction amount should be frozen during investigation, not the entire account, especially when I am not directly involved. Due to this freeze, I am unable to use my funds for daily expenses. Please advise if there is any Supreme Court/High Court order regarding this and the proper process to resolve the matter.

Advocate Shubham Sharma answered
Yes, there are judgments holding that in cyber fraud cases, the police cannot mechanically freeze an entire bank account merely because some disputed amount passed through it, especially where the account holder is only a “Layer-2” beneficiary and not the principal accused.A relevant judgment is Neelkanth Pharma Logistics Pvt. Ltd. v. Union of India & Anr., where the Court emphasised that powers under Section 102 CrPC must be exercised reasonably and proportionately. The Court recognised that freezing an entire account severely affects legitimate business operations and livelihood, particularly when only a specific amount is alleged to be linked with the offence.The emerging judicial view is that the investigating agency must establish a direct nexus between the alleged proceeds of crime and the amount lying in the account. Accordingly, in appropriate cases, Courts have directed that lien/freezing should be restricted only to the disputed amount instead of paralysing the whole account.However, the remedy and strategy depend upon the transaction trail, disputed amount, stage of investigation, and the exact communication issued by the bank/cyber cell. We regularly handle bank account freezing/de-freezing and cyber fraud litigation matters. For a proper assessment of your case and possible remedies, you may connect with me directly.

Q: Legal Query: Intermediary Liability and Third-Party Transaction Risks

We are developing a B2B/B2C marketplace platform where manufacturers and traders can showcase products via multimedia content. Our platform facilitates direct communication by redirecting customers to the seller’s WhatsApp for transaction finalization.​As we are not part of the payment flow or the contract of sale, we are seeking legal counsel on our potential liability. Specifically: In the event of a payment dispute or fraudulent transaction between a buyer and a seller, can we be held legall

Advocate Shubham Sharma answered
While your platform is positioned as an intermediary and not directly involved in payments or execution of the sale contract, your liability will ultimately depend on how you present and operate the platform in practice.You may be exposed to legal risk if you showcase or promote any business or individual as “reliable”, “trusted”, or “verified”, especially where such representation influences a buyer’s decision to transact. In such situations, a court may view your role as going beyond that of a neutral facilitator and attribute responsibility on grounds of misrepresentation, negligence, or unfair trade practices.A critical factor will be whether you actually verify sellers before promoting them. If you claim or even imply that sellers are verified, you must have a consistent and documented due diligence process in place. Absence of such verification, coupled with promotional assurances, can significantly increase your exposure in cases of fraud or payment disputes.Therefore, it is advisable to avoid making credibility-based claims unless they are backed by real verification. Your terms of use should clearly state that you are only a facilitator and not a party to transactions. The more you actively endorse sellers, the higher your potential liability becomes.

Q: Meri saddi may 2024 mein hue h mein live in rehta tha

Mera wife se separation 2012 se chal rha tha mera 498A case khatam ho gya tha aur mein kisi aur ladies ke sath live in mein rehta tha to 2 child ho gye h mere 2018 mein govt job lag gye h lekin meine saddi aabhi may 2024 mein ke h govt job mein aapne child ka name add karvana chahata hoo lekin office Wale bol rhe h ke aapne govt job mein rehte hue 1st wife se divorce hue childern kaise paida kiye aapke upper inquiry hogi jab ke mera divorce 5 March 2024 ko ho gya h mere help kare koi aacha sa va

Advocate Shubham Sharma answered
Dear Sir,There is most definitely a solution to your problem in law. Kindly reach out so that we can discuss the matter better. I can help you both legal recognition of your children, adding their name as dependents in govt Job and striking down government proceedings.

Q: Operation of unregistered chit/committee

I was operator of an unauthorized chit in which I have suffered loss. Customers are threatening a lot to get their money back and are also threatening my family. How do I protect myself and my family in this situation?

Advocate Shubham Sharma answered
Dear Sir,Please share details of fund size and place where this fund was setup. Also, how many borrowers are there ?I can most definitely assist you with criminal case and civil case as well. Please reach out for further assistance.

Q: Can a withdrawn FIR be reopened after mutual agreement

My ex gf filed a FIR of a false case to me, it was false promise of marriage, after that she has taken back the complaints and we were asked to submit an affidavit saying she filed a fir because she was angry that i don’t want to marry her and we will get married soon, but I don’t want to be with her anymore she is a toxic woman and she cheated on me it’s just I don’t have the evidence to prove it. can she reopen this case again or file another fir later if i refused to marry her?

Advocate Shubham Sharma answered
Dear Sir,She can file another FIR, however it depends on circumstances as well. I will have to check the copy of affidavit. However, I need more details to answer your query properly please reach out so that we can have detailed discussion.