Final Order 1

Order Details: Order below Ex-1
Pdf Text: ORDER BELOW APPLICATION FOR RELEASED OF PROPERTY
IN C. R. NO.52/2023 OF EAST REGION CYBER POLICE STATION.
C.C. No.909/Misc/2024.
(CNR NO.:-MHMM13-004415-2024)
1. This is an application filed u/s. 457 of Cr. P. C. for
interim possession/released of total cash amount of Rs.4,50/-
freezed by 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 I. O. of East Region Cyber
Police Station and APP.
3. It is stated by the applicant that in between
03/08/2023 to 05/08/2023 fraudster cheated the informant on
pretext of working and earning double by giving Google review
five star rating and later induced him to invest money in Crypto
currency for the amount of Rs.33,83,750/-. So, 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.3,00,000/- and
1,50,000 total Rs.4,50,000/- was shown to be transferred from the
bank account of the applicant to the banks as mentioned in the
reply. The said amount of Rs.4,50,000/- 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
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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 I. O. came to know that the Cyber Cell
branch immediately took action. The amount of Rs.4,50,000/-
standing in the name of the applicant was transferred to
fraudster’s accounts. Amount of Rs.4,50,000/- is recovered out of
Rs.33,83,750/-. 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.52/2023 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. The amount of
Rs.33,83,750/- 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 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.
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8. Upon rival contentions, I am satisfied that the applicant
is entitled to release amount of Rs.4,50,000/-. 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.909/MISC/2024 is hereby allowed.
(2) The concerned 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.9613005563 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.4,50,000/- before concerned Police Officer.
(4) Issue letter accordingly.
(N. K. Joshi)
Metropolitan Magistrate
Date : 22/05/2024 61st Court Kurla, Mumbai.
Encl: Copy of report of I. O.
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