Final Order 1

Order Details: Order below Ex-1
Pdf Text: ORDER BELOW APPLICATION FOR RELEASED OF PROPERTY
IN ACKNOWLEDGMENT NO.31904240053602 OF EAST REGION
CYBER POLICE STATION.
C.C. No.992/Misc/2024.
(CNR NO.:-MHMM13-004832-2024)
1. This is an application filed u/s. 457 of Cr. P. C. for
interim possession/released of total cash amount of Rs.9,78,574/-
freezed by bank 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
20/01/2024 to 06/03/2024 fraudster induced the informant for
Rs.14,50,000/- by giving highest profit by investing in shares. So,
applicant invested said amount. Thereafter, fraudster did not
return the amount which was invested by applicant in the account
of fraudster. Thereafter, applicant feels that she 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.9,78,574/- was
shown to be transferred from the bank account of the applicant to
the bank as mentioned in the reply of I. O. The said amount of
Rs.9,78,574/- 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.
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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 I. O. came to know that the Cyber Cell
branch immediately took action. The amount of Rs.9,78,574/-
standing in the name of the applicant was transferred to
fraudster’s accounts. Rs.9,78,574/- is recovered out of
Rs.14,50,000/-. Thereafter, the applicant immediately asked the
Nodal Officer of the concerned bank 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
complaint registered on Cyber Portal. She has also brought on
record, the copy of fraud transaction details occurred between the
above said period and her Aadhar card. The amount of
Rs.9,78,574/- was transferred to fraudster. Therefore, I am
satisfied that applicant is maintaining bank account at Axis 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.9,78,574/-. 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.992/MISC/2024 is hereby allowed.
(2) The concerned bank authority mentioned in the
report of I. O. is hereby directed to release
amount freezed in bank account to the applicant’s bank
account No.063010100068305 of Axis 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.9,78,574/- before concerned Police Officer.
(4) Issue letter accordingly.
(N. K. Joshi)
Metropolitan Magistrate
Date : 30/05/2024 61st Court Kurla, Mumbai.
Encl: Copy of report of I. O.
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