Executive Synopsis
Overview of the commercial dispute weaponized into a criminal complaint against Trading Shastra Academy (TSA). The objective is to demonstrate the malafide nature of the proceedings and the illegal freezing of accounts.
Current Status
10-12 Bank Accounts (Family & Employees)
Financial Dispute Context
The Accusation vs. Reality
Claim: "Investment Fraud / Scheme"
Reality: Fee Refund Dispute (Civil)
Evidence: Student Agreement & Invoice
Chronology of Events
This timeline establishes that the relationship was purely educational and the police complaint is an afterthought to pressure for a refund.
Evidence Locker
Direct comparisons between the Complainant's allegations and the documented reality.
Exhibit A: Admission of Incompetence
Exhibit B: The Refund Offer
Nov 29, 2025Student Agreement (Clause 2)
Signed: Hritik Vijaywar (July 10, 2025)
Impact: Nullifies any claim of "Investment Scheme" or "Guaranteed Returns".
TSA Legitimacy Profile
- Location: B-11, Sector 2, Noida (Physical Office)
- Founder: Himanshu Gurha (12+ Years Exp)
- Model: 100% Loss Coverage for students.
Transcription Analysis: Dev (Staff) vs. Hritik
Dev (TSA Team)
"Hum broker se 50 lakh ka fund usme dalwayenge... (We will inject 50L fund...)"
Hritik
"Main payment karwa dunga... (I will arrange payment...)"
Legal Strategy Map
The counter-offensive plan to unfreeze accounts and hold the complainant accountable.
Defense: The "Quashing" Route
1. Writ Petition / Sec 482 CrPC
Move High Court to quash FIR on grounds that a civil dispute (refund) is dressed as criminal fraud.
2. The "Indian Oil" Precedent
Indian Oil Corp v. NEPC India Ltd.: Supreme Court ruled against using police machinery to settle civil scores.
3. Section 457 CrPC
Immediate application to Magistrate for release of frozen accounts (defreezing) citing business paralysis.
Offense: Damages & Counter-Claims
1. Malicious Prosecution
File suit for damages. The "Women's Cell" was used purely to bypass commercial court procedures and inflict trauma.
2. Defamation (Sec 500 IPC)
Claim damages for tarnishing 12 years of goodwill by labeling a legitimate educator as a "Fraud".
3. Extortion (Sec 383 IPC)
Freezing family accounts to force an immediate payout (bypassing the agreed Jan date) amounts to extortion.
Lawyer Acquisition Kit
Targeted resources to find the Right lawyer for this specific crisis in Delhi NCR.
1. The Ideal Candidate Profile
- Constitutional/Rights Focus: Someone who hates Police Overreach (Freezing accounts without notice).
- "White Collar" Defense: Experienced in Section 482 CrPC Quashing & PMLA.
- Aggressive Proceduralist: Knows how to embarrass the IO (Investigating Officer) for skipping BNSS procedures.
- Avoid: Generic "Dalal" district lawyers or overly soft Corporate Firms.
2. LinkedIn Search Keywords
"PMLA" AND "Bank Freeze" AND "Criminal Defense"
"White Collar Crime" AND "Litigation" AND "Delhi"
"Cyber Crime" AND "Debit Freeze"
Use these combinations in the LinkedIn search bar. Look for posts complaining about "Police Excesses".
3. The Approach Script (WhatsApp/LinkedIn)
4. The "Litmus Test" Questions
Q1: Jurisdiction?
"The complaint is in Women's Cell but it's a commercial dispute. How do we bypass counseling?"
Good Answer: Writ Petition / Sec 482.
Q2: Damages?
"Can we claim damages for business loss due to the illegal freeze?"
Good Answer: Yes, Malicious Prosecution suit later.
Q3: Budget (15k)?
"My budget is tight. Can we start with just Drafting/Representation?"
Good Answer: Will draft strong representation to DCP/Bank for that fee.