Final Order 1

Order Details: Order below Ex-1
Pdf Text: ORDER BELOW APPLICATION FOR RELEASED OF PROPERTY
IN C. R. NO.24/2024 OF EAST REGION CYBER POLICE STATION.
C.C. No.481/Misc/2024.
(CNR NO.:-MHMM13-001905-2024)
1. This is an application filed u/s. 457 of Cr. P. C. for
interim possession/released of total cash amount of Rs.1,39,920/-
freezed by various banks mentioned in the report of I. O.
2. Read the application and affidavit given by the
applicant in support of it. Perused the documents and undertaking
given by the applicant and say given by PI Vaishali Shravagi of East
Region Cyber Police Station and APP.
3. It is stated by the applicant that in between
08/12/2023 to 22/12/2023 fraudster i.e. admin namely Kapil and
Jessica and Fund Manager of Black Rock Capital & DNP Brokerage
company cheated the applicant by giving highest profit as
applicant invested money in share trading stock and IPO in said
company. So, applicant invested amount of Rs.15,63,744/-.
Thereafter, fraudster did not return the amount which was
invested by applicant in the account of fraudster. Thereafter,
applicant feels that he was cheated by fraudster. Thereafter,
applicant filed detail complaint in East Region Police Station.
4. It is stated by the applicant that thereafter Cyber police
started investigation and found that amount of Rs.52,000/-,
42,000/- and 45,920/- total Rs.1,39,920/- was shown to be
transferred from the bank account of the applicant to the various
banks as mentioned in the reply. The said amount of Rs.1,39,920/-
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freezed/hold by the I. O. It is submitted that the said amount is
owned by the applicant and no one has claim over it. Thus, by this
application, it is prayed by the applicant that the concerned
authorities of various banks mentioned in the report of I. O. be
directed to release amount freezed in the concerned bank and it be
re-transferred in applicant’s account.
5. As per say of the P. I. Vaishali Shravagi came to know
that the Cyber Cell branch immediately took action. The amount of
Rs.15,63,744/- standing in the name of the applicant was
transferred to fraudster’s accounts. Amount of Rs.01,39,920/- is
recovered out of Rs.15,63,744/-. Thereafter, the applicant
immediately asked the Nodal Officer of the concerned banks
mentioned in report of I. O. to defrezee the said amount.
6. The investigation officer in her reply admitted the
contention of the applicant and stated that she has no objection to
allow this application. Ld. APP also submitted that said amount is
not claimed by anybody. The applicant is owner of said cash
amount. She submitted that said amount be returned/released in
favour of the applicant on indemnity bond.
7. The applicant has brought on record the copy of FIR
No.24/2024 lodged before East Region Cyber Police Station.
He has also brought on record, the copy of fraud transaction
details occurred between the above said period and his Aadhar
card. The amount of Rs.01,39,920/- was transferred to fraudster.
Therefore, I am satisfied that applicant is maintaining bank
account at Kotak Mahindra Bank. It is seen from copy of E-mail
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from concerned Banks addressed to the East Region Cyber Police
Station that it had freezed amount and it is ready to refund the
same by the order of this court.
8. Upon rival contentions, I am satisfied that the applicant
is entitled to release amount of Rs.01,39,920/-. In the case of
Sundarbhai Ambalal Desai V/s. State of Gujrat reported in 2003,
SC 630, the Hon'ble Apex court gave guidelines regarding return of
vehicles, cash amount, jewellery etc. to its owner at the earliest.
So, this application deserves to be allowed. In the result, I pass the
following order.
O R D E R
(1) The application No.481/MISC/2024 is hereby allowed.
(2) The concerned various banks authorities mentioned in the
report of I. O. are hereby directed to release
amount freezed in bank account to the applicant’s bank
account No.0448647409 of Kotak Mahindra bank by way of
NET banking through NEFT or RTGS or any other
mode as per the list attached herewith.
(3) The applicant is directed to execute the indemnity bond of
Rs.01,39,920/- before concerned Police Officer.
(4) Issue letter accordingly.
(N. K. Joshi)
Metropolitan Magistrate
Date : 18/04/2024 61st Court Kurla, Mumbai.
Encl: Copy of report of I. O.
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