Final Order 1

Order Details: Order below Ex-1
Pdf Text: MHMM130052102025 C. C. No. 619/Misc./2025
Bhavani Sathish Selvraj Vs. State Thr. Cyber
Police Station, East Region.
ORDER BELOW EXH.1
(Passed on 05.04.2025)
1. The applicant has filed present application under Section 503 of
BNSS seeking direction of interim release of the amount to the tune of
Rs.1,89,042/- which is freeze/marked as lien in various bank accounts
enlisted in the report of I.O.
2. It is evident from the perusal of the record that this is not a case of
online fraud by hacking bank account or theft of card or unauthorized
transaction etc. This is a unfortunate case of cheating wherein, the applicant
at her own transferred amount in the account of fraudster. The applicant had
met the accused on Shaadi.com and only believing his words, transferred as
many as Rs. 12,57,900/- under deception. Therefore, she registered online
Cyber Crime complaint No. 31902250020768 about the fraud with East
Cyber police station. She was informed that out of total applicant’s money
Rs.1,89,041.21/- was credited in several bank accounts, including that of
third parties, and the same has been frozen. The applicant has provided the
details of the account number, transactions ID, amount and date of
transaction in the application.
3. I.O. gave no objection and Ld. APP raised formal objection. The
say of account holder was called upon but the Police reported that the details
of the account holder were not received from the bank. The frozen amount
may get exhausted, therefore, to protect the interests of the applicant without
any further delay, matter is proceeded without say of account holder.
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C. C. No. 619/Misc./2025 2 Order, below Exh.1
4. In the present case, the applicant claim an amount lying on the
bank account of third party. In such situation, before dealing with merits and
demerits of case, it is proper to refer decision of Hon’ble Karnataka High
Court in
Rahul Chari and Ors. vs. State of Karnataka and Ors.
(MANU/KA/5112/2022), It has directed that:
“18. This Court is coming across scores and scores of cases where
the account is frozen, defrozen and the amount that the
complainant is due from a suspect or an accused is transferred to
the account of the complainant from the account of third parties
which action is contrary to all cannons of law. It has therefore,
become necessary for this Court to direct the learned Magistrates
that while dealing with applications under Sections 451 and 457
of the Cr.P.C., particularly in cases where it involves
intermediaries like the petitioners, to hear those intermediaries
and then direct transfer of the amount, and not allow the
application filed under Sections 451 and 457 of the Cr.P.C in a
casual manner.
19. The learned Magistrates are required to note that they are
dealing with the properties of third parties. Decision on an
application under Sections 451 and 457 Cr.P.C. cannot become a
frolicsome act on the part of the learned Magistrates merely
because it is subject to indemnity. It is not the question of security
but it is the question of right to property of an individual, from
whose account the money is transferred without any information
to him. Therefore, the learned Magistrates while considering the
applications of the kind shall notice the following:
(a) Whether the accused has been identified by the Investigating
Officer?
(b) Whether the account of the accused is identified by the
Investigating Officer?
(c) If the rival claimant is not an accused, whether intimation is
given to the account holder, from whose account the money is
sought to be transferred to the account of the complainant and
such order of transfer of amount from the particular account shall
only be after hearing the person, from whose account the money
is sought to be transferred to the account of the complainant,
before its transfer.” (emphasis supplied)
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C. C. No. 619/Misc./2025 3 Order, below Exh.1
5. It is pertinent to note that on the basis of bank transaction, IO
successfully has freezed several bank accounts of fraudsters. It is evident
from the say of IO that the accounts at multiple layers, upto Layer 6, are
involved in this case. The list of banks has been provided by the I.O. in his
say. However, fraudsters are yet to be traced in the investigation. There are
no rival claims of others. Therefore, considering the documents produced on
record, version of the applicant appears to be correct and believable. The
applicant lost his hard earned money due to fraud of accused. Therefore, it is
just and proper to re-transfer amount lying from fraudster bank
account/freezed bank account to the applicant as claimed. The concerned
account holders have not approached to the Court for de-freezing their
account. Therefore, the applicant who is victim of fraud is definitely entitled
to amount from freeze account of fraudster. That apart, objection raised by
APP could be overcome by imposing certain conditions while allowing said
application. Therefore, following amounts can be ordered to be released from
the account of fraudster.
Sr.No. Bank Name and A/C. No. of Fraudster Amount to be released
(In Indian Rupees)
01. State Bank of India Account No.
35402702573
1,24,180
(24,500+99,680)
02. HDFC Bank Account No.50100009909995 30,000
03. State Bank of India Account No.
00000041696814569
6,000
04. Bank of India Account No.
497410110004110
11,000
05. Bank of Ba roda Account
No.20460100013712
170
06. HDFC Bank Account No.50100147265793 570
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C. C. No. 619/Misc./2025 4 Order, below Exh.1
07. HDFC Bank Account No.50100399980280 1500
08. HDFC Bank Account No.50100308396276 2,400
09. HDFC Bank Account No.50100278164382 5,000
(3,500+1,000+500)
10. Bank of Baroda Account
No.27710100010902
2,000
11. Bank of Baroda Account
No.24760100027898
2,000
12. UCO Bank 13640110050477 1,569
13. HDFC Bank Account No.50100539823678 1.21
14. HDFC Bank Account No.50100180992770 498.79
15. HDFC Bank Account No.59109942466666 1653
16. HDFC Bank Account
No.00000040973114220
500
Total amount 1,89,042
6. The applicant has sought for repayment of part amount of
Rs. 1,89,042/- (Rupees One Lakh Eighty Nine Thousand Fourty Two Only).
Therefore, the prayer of the applicant can be allowed. As a result, I pass the
following order :
ORDER
1) The application is allowed.
2) The Branch Managers of concerned following Banks are directed to
revert the amounts as mentioned below to account of the applicant
accordingly :
State Bank of India Account No. 35402702573 1,24,180
(24,500+99,680)
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C. C. No. 619/Misc./2025 5 Order, below Exh.1
HDFC Bank Account No.50100009909995 30,000
State Bank of India Account No.
00000041696814569
6,000
Bank of India Account No. 497410110004110 11,000
Bank of Ba roda Account No.20460100013712 170
HDFC Bank Account No.50100147265793 570
HDFC Bank Account No.50100399980280 1500
HDFC Bank Account No.50100308396276 2,400
HDFC Bank Account No.50100278164382 5,000
(3,500+1,000+5
00)
Bank of Baroda Account No.27710100010902 2,000
Bank of Baroda Account No.24760100027898 2,000
UCO Bank 13640110050477 1,569
HDFC Bank Account No.50100539823678 1.21
HDFC Bank Account No.50100180992770 498.79
HDFC Bank Account No.59109942466666 1,653
HDFC Bank Account No.00000040973114220 500
Total amount 1,89,042
3) The Branch Manager of State Bank of India/HDFC Bank/UCO
bank/Bank of Baroda/Bank of India/ are directed to co-operate IO and
transfer amount lying in bank account of above fraudsters to the bank
account of the applicant. The applicant shall provide the details of his
bank account, to which the ammount is to be reverted, to the above
enlisted banks.
4) The applicant shall furnish indemnity bond of Rs.1,89,042/- and if lesser
amount is received then, indemnity bond of such amount, indemnifying
said amount against third party claim.
5) The applicant shall deposit said amount as and when directed by this
Court.
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C. C. No. 619/Misc./2025 6 Order, below Exh.1
6) Issue intimation letter to bank and IO accordingly.
(Ms. Akshi Jain)
Judicial Magistrate (First Class),
Date: 05.04.2025 61st Court, Kurla, Mumbai.
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