Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1 C. C. No.1849/MISC/2026
Order below Exh.01
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
51ST COURT, KURLA, MUMBAI.
C. C. No.1849/MISC/2026
(CNR NO.MHMM130-39229-2026)
Mr. Bipin Devshi Mehta
VERSUS
STATE OF MAHARASHTRA
(THROUGH KURLA POLICE STATION)
Order Below Exh.1
(Passed on 30th September, 2026)
Read the application and say of I.O. and Ld. APP for the
State. Heard both side at length. Perused documents available on
record.
2] The present application is moved by the applicant for
releasing the hold amount from beneficiary bank account. The applicant
contended that, on 29/07/2026 he received a call from a person who
introduced himself that he is calling from Nashik police station and he
told him that by using his Aadhar Card Bank account has been opened
with Canara Bank and a fraudulent transaction of around Rs.2 crore 48
lakh has been carried out by using the said account and various
complaints has been lodged against him due to the same and he asked
him to visit the Nashik police station or the police came to Mumbai and
arrest him. That after listening the same, he was frightened. That time,
the said person told him to save yourself from the said arrest you have
to pay Rs.3,02,217/- in the account number given by him and after
payment update the payment information to him. Therefore, the
applicant transferred an amount of Rs.3,02,217/- by way of RTGS in the
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2 C. C. No.1849/MISC/2026
Order below Exh.01
account number given by said person. Thereafter, he tried to call on the
said number to update the payment but the said mobile number remain
switch off. Thereafter, he recognized that he has been trapped by online
fraudsters. Therefore, the applicant has lodged complaint at National
Cyber Crime Reporting Portal no.31907260162967. Thereafter, an
amount of Rs.1,03,426.72/- has been seized and hold by the police.
Lastly, the applicant prayed for issuance of direction to the concerned
bank for transfer of said amount in his account.
3] The Investigating Officer filed say at Exh.04 with
contention that amount of Rs.1,03,426.72/- is on hold/freezed in
accounts of beneficiary and he has no objection to transfer said amount
in the account of the applicant on certain terms and condition.
4] The Ld. APP has filed say with contention that the alleged
amount is laying in different bank accounts. Therefore, the say of said
bank and account holder is necessary. Thereafter, he prayed for
necessary order may kindly be passed.
5] Therefore, on considering the material available on record,
I am of the prima-facie opinion that the applicant is a victim of Cyber
crime. The applicant has lodged complaint at National Cyber Crime
Reporting Portal no.31907260162967. On considering the say of
Investigating Officer reveals that an amount of Rs.1,03,426.72/- is on
hold of beneficiary accounts. On perusal of say of APP, it is important to
note here that the Investigating Officer or the prosecution has not
furnished any details of account holder. Also, the investigating agency
has not arrested any accused in the said crime till date. The applicant is
ready to abide all conditions imposed by the court. Also, there is no
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3 C. C. No.1849/MISC/2026
Order below Exh.01
other claimant regarding said amount except applicant at this stage.
Therefore, I am of the opinion that applicant is entitled to the amount of
Rs.1,03,426.72/- on certain terms and conditions. Hence, I proceed to
pass following order.
Order
1] The application Exh.1 is hereby allowed as under.
2] The applicant is entitled to the interim custody of
Rs.1,03,426.72/-, which is mentioned in the say of
Investigating Officer and which is lying in bank accounts of
beneficiary, on executing the indemnity bond of
Rs.1,03,426.72/- before concerned PSO/IO of concerned
Police station on following conditions.
3] The applicant shall undertake that he is ready to
pay/deposit the amount of Rs.1,03,426.72/- as and when
directed by the Court.
4] The Concerned PSO/IO is directed to issue necessary
communication/ letter to the concerned Banks for
transferring the lien/hold amount of Rs.1,03,426.72/- to the
account of applicant Mr. Bipin Devshi Mehta.
5] The Branch Manager/concerned Competent Officer of
concerned Banks are hereby directed to transfer the said
lien/hold amount of Rs.1,03,426.72/- to the account of the
applicant bearing No.99660100007250 of Bank of Baroda,
IFSC Code No.BARBODBKURL, upon receipt of information
from concerned PSO about execution of indemnity bond by
the applicant.
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Order below Exh.01
6] The concerned PSO/ Investigation Officer is hereby directed
to submit indemnity bond and other connected documents
in the court along with charge-sheet in Court.
7] Accordingly, issue letter to the concerned police station.
(S. M. Gourgond)
Judicial Magistrate (First Class),
Date :-30.09.2026. 51st Court, Kurla, Mumbai.
ssm/-
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