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.529/Misc/2024.
(CNR NO.:-MHMM13-002194-2024)
1. This is an application filed u/s. 457 of Cr. P. C. for
interim possession/released of total cash amount of Rs.3,00,000/-
freezed by ICICI Bank in account No.187105500410.
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’s husband through What’s app and stated him that given
rating on google map. Thereafter, fraudster cheated the applicant’s
husband 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 applicant’s husband by
giving highest profit. So, applicant’s husband invested total
amount of Rs.16,93,550/-. Amount of Rs.1,07,000/- was debited
from the account of husband of applicant and amount of
Rs.15,88,400/- was debited from the applicant’s bank account.
Thereafter, fraudster did not return the amount which was
invested by applicant’s husband in the account of fraudster and did
not give part time job. Thereafter, applicant’s husband feels that he
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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.3,00,000/- was
shown to be transferred from the bank account of the applicant to
the ICICI bank. The said amount of Rs.3,00,000/- 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 and her
husband was transferred to fraudster’s account. Amount of
Rs.3,00,000/- 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.
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7. The applicant has brought on record the copy of FIR
No.66/2023 lodged by her husband before East Region Cyber
Police Station. She has also brought on record, the copy of fraud
transaction details occurred between the above said period and her
Aadhar card. The applicant also filed on the record affidavit cum
no objection of the informant Aaditya Pandey. The informant
stated in his affidavit that he has no objection to transfer the said
amount to the applicant. Further, she has placed on record E-mail
to the concerned banks regarding the digital banking dispute.
The amount of Rs.3,00,000/- was transferred to fraudster.
Therefore, I am satisfied that applicant is maintaining bank
account at ICICI 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.3,00,000/-. 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.529/MISC/2024 is hereby allowed.
(2) The ICICI authority is hereby directed to release
amount of Rs.3,00,000/- freezed in bank account to the
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applicant’s bank account No.002101598337 of ICICI 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.3,00,000/- 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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