Final Order 1

Order Details: Order below Ex-1
Pdf Text: ORDER BELOW APPLICATION FOR RELEASED OF PROPERTY
IN C. R. NO.66/2023 OF EAST REGION CYBER POLICE STATION.
C.C. No.528/Misc/2024.
(CNR NO.:-MHMM13-002193-2024)
1. This is an application filed u/s. 457 of Cr. P. C. for
interim possession/released of total cash amount of Rs.70,000/-
freezed by Axis Bank in account No.923020006325240.
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
21/09/2023 to 22/09/2023, fraudster namely Priya contacted
applicant through What’s app and stated him that given rating on
google map. Thereafter, fraudster cheated the applicant on the
pretext of promise to offer part time job and later induced him to
invest money in crypto currency for the amount of Rs.16,93,550/-.
Fraudster induced the informant by giving highest profit.
So, applicant invested amount of Rs.16,93,550/-. Thereafter,
fraudster did not return the amount which was invested by
applicant in the account of fraudster and did not give part time
job. Amount of Rs.1,07,000/- was debited from the account of
applicant and amount of Rs.15,88,400/- was debited from the wife
of the applicant’s bank account. Thereafter, applicant feels that he
was cheated by fraudster. Thereafter, applicant filed detail
complaint in East Region Police Station.
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4. It is stated by the applicant that thereafter Cyber police
started investigation and found that amount of Rs.70,000/- was
shown to be transferred from the bank account of the applicant to
the bank as mentioned in the reply. The said amount of
Rs.70,000/- freezed/hold by the I. O. It is submitted that the 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 authority of bank 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.16,93,500/- standing in the name of the applicant was
transferred to fraudster’s account. Amount of Rs.70,000/- is
recovered out of Rs.16,93,500/-. 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.66/2023 lodged before East Region Cyber Police Station.
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He has also brought on record, the copy of fraud transaction
details occurred between the above said period and his Aadhar
card. Further, he has placed on record E-mail to the concerned
banks regarding the digital banking dispute. The amount of
Rs.70,000/- was transferred to fraudster. Therefore, I am satisfied
that applicant is maintaining bank account at Standard Chartered
Bank. It is seen from copy of E-mail from concerned Bank
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.70,000/-. 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.528/MISC/2024 is hereby allowed.
(2) The Axis Bank authority is hereby directed to release
amount of Rs.70,000/- freezed in bank account to the
applicant’s bank account No.24610159944 of Standard
Chartered Bank by way of NET banking through NEFT or
RTGS or any other mode as per the list attached herewith.
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(3) The applicant is directed to execute the indemnity bond of
Rs.70,000/- before concerned Police Officer.
(4) Issue letter accordingly.
(N. K. Joshi)
Metropolitan Magistrate
Date : 18/03/2024 61st Court Kurla, Mumbai.
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