Final Order 1

Order Details: Order below Ex-1
Pdf Text: ORDER BELOW EXH. 1 IN C.C.No.959/M/2025
By this application, the applicant is seeking changing of
currency notes which he has received from police. I have gone through the
application. Nothing is brought on record as to when accused received the
currency notes from police. Admittedly, the currency notes, the panchnama
in the proceeding bearing C.C.No.847/PW/2016 would show that all the
currency notes therein are demonetized long back during pendency of the
proceeding. The police and accused both were aware about demonetization
thereof. In the circumstances, concerned police should have moved an
application either to Reserve Bank of India or to this Court for changing of
currency notes before handing over it to the applicant. However, instead of
doing so the concerned police directly handed over demonetized currency
notes to the applicant. The demonetized notes, once handed over to the
applicant can not be replaced through the court. The judgment is of dated
23/01/2023. The appeal period was over long back. Nothing is mentioned
as to when the appeal period is over and when the applicant received
demonetized currency notes from the police. Neither applicant nor police
approached to this court before giving and taking demonetized notes.
Therefore, the applicant is at liberty to approach to Reserve Bank of India
for replacing notes by providing details. Handing over demonetized notes to
the applicant is wrong on the part of police. Therefore, application is liable
to be rejected. Hence, application is rejected.
(D. J. Endait)
Mumbai. Addl. Chief Judicial Magistrate,
Date.26/08/2025. 11th Court, Kurla, Mumbai.
-- 1 of 1 --