Final Order 1

Order Details: Order below Ex-1
Pdf Text: --1-- MISC. APPL. NO. 2130 OF 2025
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 2130 OF 2025
C.R. NO. 07/2025 NODAL CYBER POLICE STATION
ORDER BELOW EXH.01
The applicant has made an application for return of an
amount of Rs.20,47,411/-.
2. It is the contention of the applicant that in the month of
November, 2024, he was scrolling through facebook. At that time, he
came across an advertisement related to investment in stock market and
shares. He clicked on the link which had popped up while scrolling
through facebook upon which he was directed admitted to a whatsapp
group name as “Axis Stock Exchange Group”. One Mr. Karshi Tavadia,
Ms. Rashi Arora and one unknown mobile number appeared to be the
admin of the said whatsapp group. On 11.11.2024, he messaged Ms.
Rashi Arora on her whatsapp number to which she replied that if he
wants to invest his money he has to download an app namely “A
Direct”. Thereafter, he downloaded the said app through the link send
to him by Ms. Rashi Arora. Ms. Rashi Arora also gave details of the
accounts for transfer of amount. The applicant transferred an amount
of Rs.78,00,000/- in one account and Rs.1,54,00,000/- in another
account time to time. The applicant received an amount of Rs.32,000/-
to his ICICI Bank Account.
3. The applicant further submits that after completing all
transactions, his mobile application displayed an amount of
Rs.26,02,85,790/-. Since his account had got more shares for which he
does not have sufficient money in it, they provided loan to him and
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deducted an amount of Rs.26,00,000/- towards interest. He was asked
to give service fees and other fees were also demanded. Then he
realized that he was systematically scammed and the money sent by
him are fraudulently taken by the admins of the whatsapp group
through their app “A Direct”. Therefore, he lodged report. During the
course of investigation the police recovered an amount of
Rs.20,47,411/-. The said amount is lying with the investigating agency.
He is in urgent need of the said money. Hence, this application.
3. The prosecution has prayed to pass necessary order.
4. Heard both sides. Perused the record. On the perusal of the
record, it appears that the applicant is the victim. Yet the accused of
this crime has not been arrested. The applicant has lodged the report.
During the investigation, an amount of Rs.20,47,411/- has been seized.
However, no one turned to the court or investigating officer to take
objection regarding the seizure of amount. The applicant is in need of
aforesaid amount. If amount has not been given to the applicant, it
would cause serious prejudice to him. If amount is given to the
applicant no prejudice will be caused to either parties. The applicant is
ready to furnish the indemnity bond and he is ready to produce the
same whenever called. In the circumstances, it would not be
appropriate to keep the said amount with investigating agency.
Therefore, it is necessary to return the said amount in the account of
the applicant on executing appropriate indemnity bond. Hence, I pass
the following order :-
ORDER
1) The investigating officer is directed to return the amount of
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--3-- MISC. APPL. NO. 2130 OF 2025
Rs.20,47,411 to the applicant on execution of indemnity bond of
Rs.21,00,000/- (Rupees Twenty one lakh only) by the applicant.
2) The applicant shall deposit the said amount in the Court, when it
requires.
Date : 18.07.2025 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai.
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