Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
MHMM130096102025 C. C. No. 1133/Misc./2025
Gaurav Bhanwarlal Ghatawat Vs. State Thr.
East Region Cyber Police Station.
ORDER BELOW EXH.1
(Passed on 01.07.2025)
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.10,60,011.68/- which is freeze/marked as lien in bank account of
fraudster as 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 his own transferred amount in the account of fraudster under the pretext
of share trading. The applicant on the persuasion of fraudster transferred as
many as Rs.46,00,000/-. Therefore, he registered online Cyber Crime
complaint No. 31905250086304 about the fraud with East Region Cyber
police station and consequently an FIR bearing No.136/2025 was lodged. He
was informed that out of total applicant’s money Rs.10,60,011.68/- 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. Heard
the Ld. advocate for the applicant and Ld. APP for the State.
4. It is pertinent to note that on the basis of bank transaction, I.O.
successfully has marked lien of total Rs.10,60,011.68/- in bank accounts to
which the defrauded amount was transferred by the fraudster and
subsequent transferees. The details of such banks have been provided by the
I.O. in his say. The applicant has produced on record copy of F.I.R., copy of
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C. C. No. 1133/Misc./2025 2 Order below Exh.1
status report from NCCRP, copy of bank statements and copy of his Aadhar
card. Therefore, considering the documents produced on record, version of
the applicant regarding the cyber fraud committed on him appears to be
correct and believable.
5. The fraudsters are yet to be traced in the investigation. The
applicant lost his hard earned money due to fraud of accused. The concerned
account holders have not approached to the Court for de-freezing their
account. There are no rival claims of others. 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, the amount
freeze in the bank accounts enlisted in the say of I.O. are required to be
released to the bank account of the applicant.
6. The applicant has sought for repayment of amount of
Rs.10,60,011.68/-. 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 Manager of various banks as mentioned in the report of I.O.
is directed to co-operate I.O. and transfer the amount freeze to the bank
account of the applicant. The applicant shall provide the details of his
bank account, to which the amount is to be reverted, to the concerned
bank.
3) The applicant shall furnish indemnity bond of Rs.10,60,012/- and if
lesser amount is received then, indemnity bond of such amount,
indemnifying said amount against third party claim.
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4) The applicant shall deposit said amount as and when directed by this
Court.
5) Issue intimation letter to bank and I.O. accordingly.
(Ms. Akshi Jain)
Judicial Magistrate (First Class),
Date: 01.07.2025 61st Court, Kurla, Mumbai.
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