Final Order 1

Order Details: Order below Ex-1
Pdf Text: C.C.No.2711/M/2025
ORDER BELOW EXH.1
1] This is an application filed by applicant for return of property
i.e. amount of Rs.4,35,468/- hold by Chembur Police Station. It is
contended that the applicant received telegram message that he will
receive Rs.200 per review in respect of hotels. Details of the hotels were
shared. Accordingly, he received amount. Greed of the applicant increased
to get more money. Thereafter for several dates the applicant did not
receive money for giving reviews. He made enquiry and it has been
conveyed that his account is freezed and will have to deposit some amount.
He paid Rs.4,35,468/-, but did not receive any amount. He realized that he
has been cheated. He lodged police report. It was informed by the police
that they have recovered Rs.1,01,000/- in two stages i.e. Rs.1,00,000/- in
the Account of SBI in the name of Prema Health Care and another amount
Rs.1000/- in HDFC bank account in the name of Limbani Dharmik Ramesh.
The applicant is having two bank accounts, one in HDFC bank and another
in Kotak Mahindra Bank. The amount has been syphoned of from these two
accounts of the applicant. The applicant is seeking interim custody of the
said amount in the freezed account.
2] Called say of I.O. and APP. They do not have any objection for
grant of application.
3] Heard. Initially it is found that the application filed by t eh
applicant is very much cryptic and details as to how cyber fraud has been
taken place is not disclosed. Therefore, the applicant is directed to file
detail affidavit thereof. Accordingly, the applicant filed it on record.
Moreover the documents of complaint at Online portal and reply of police
also throw focus on the point of Cyber fraud. In fact there is discrepancy
and contradiction in the story of the applicant, mentinoed in the affidavit
and the reply of police. It is unbelievable what is mentioned in the
application that when the applicant was being paid Rs.200/- per review
and after sometime he did not get any amount and instructed to pay the
amount, surprisingly the amount deposited by the applicant in the
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concerned account is more than Rs.4,00,000/-. On the other hand, the
reply of police would show that the transactions made by the applicant are
nothing but sort of investment for which he has been lured by cyber
criminals. Thus, although there is difference in such contention, all the
documents including online complaint and details of the transactions
would show that the applicant has been misleaded and thereby induced to
pay money for investment by assuring more returns. The intention of cyber
criminals was never to fulfill their promise, but the concerned conmen
deceived the applicant and he suffered wrongful loss. Thus, he has been
cheated. Thereafter, when complaint was lodged through online portal of
NCCR, some of the amount has been kept on hold by making
correspondence. It is Rs.1,01,000/-, as mentioned in the report of police.
Therefore, that amount is sought by the applicant. Considering all above
aspects, I am inclined to allow the application. The interim custody of
aforementioned amount is to be given to the applicant. These amounts are
in the accounts of third party entity and has not been disposed of, only
because those were kept on hold. Thus, atleast some amount could have
been kept on hold due to correspondence made by the police. The applicant
is entitled to get that amount. Hence, I pass following order.
-: O R D E R :-
1) Application is partly allowed.
2) Property i.e. amount of Rs.1,01,000/- kept on hold, be
transferred back to the account of the applicant.
3) Applicant shall execute indemnity bond of Rs.1,01,000/-.
4) I.O. to take necessary steps for return of money to the applicant.
Date :- 10/04/2026
Place:-Kurla
(D. J. Endait)
Addl. Chief Judicial Magistrate,
11th Court, Kurla, Mumbai.
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