Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201350/Misc./2025
Nainesh Ashok Jhaveri
V/s. The State of Maharashtra & 126 Anr.
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 125 bank accounts freezed and requested to
pass necessary order with respect to the amount claimed by the
applicant.
2] Notice was issued to respondent no. 02 to 127. But, respondents
no. 02 to 95, 97 to 99, 101 to 127 irrespective of service of notice failed to
appear and file their say. Hence, matter is taken up for decision ex-parte
against respondents no. 02 to 95, 97 to 99, 101 to 127.
3] Perused the reply filed by respondent No. 96 i.e. Bank of
Maharashtra on record and submitted in his reply that, the account
balance in Account No. 60522562914 is Rs. 10,449/-.
4] Perused the reply filed by respondent No. 100 i.e. India Post
Payments Bank Ltd on record and submitted in his reply that, the
account balance in Account No. 036710065520 is Rs. 5000/-.
5] Reply of investigating officer shows that from 125 bank
accounts an amount of Rs.25,27,527/- (Rs. Twenty five Lakh
twenty seven thousand five hundred twenty seven only ) is freezed.
6] By this application applicant requested to return an amount of
Rs.25,57,527/- (Rs. Twenty Five Lakh fifty seven thousand five
hundred twenty seven only ) lying in different banks. Perused the
photocopies of documents on record. It seems that present applicant
has lodged FIR and reported the fact of cheating to the police. This
itself shows that before incident amount was with the
applicant/informant. Moreover, he has filed copy of FIR in support of
the application.
7] On perusal of record, it transpires that police filed their say
dtd. 27/06/2025 which shows that applicant transferred an amount
of Rs.58,14,875/- in different bank accounts. Out of which, an
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amount of Rs.25,27,527/- (Rs. Twenty five Lakh twenty seven
thousand five hundred twenty seven only ) came to be freezed from
different bank accounts as per say filed by police dtd.27/06/2025
with the help of Nodal officers of the concerned bank.
6] At this juncture the applicant will have to show that it has
better right to get the amount lying with the respondents banks.
Investigating officer in his report/reply dtd.27/06/2025 contending
that an amount of Rs.25,27,527/- (Rs. Twenty five Lakh twenty
seven thousand five hundred twenty seven only ) came to be freezed
from different bank accounts to whom applicant made as
respondents in said proceeding.
7] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs.25,27,527/-
(Rs. Twenty five Lakh twenty seven thousand five hundred twenty
seven only ). Therefore, after gone through say of I.O and reply of
respondent banks the applicant is entitled to get interim custody of
Rs.25,27,527/- (Rs. Twenty five Lakh twenty seven thousand five
hundred twenty seven only ). Hence, the application is partly
allowed. Hence, order;
ORDER
1) The application is partly allowed.
2) The investigating officer is directed to issue
letter to the concerned banks to defreeze the
amount of Rs.25,27,527/- (Rs. Twenty five Lakh
twenty seven thousand five hundred twenty seven
only ) as per police report dtd. 27/06/2025 and it
be transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs.25,27,527/- (Rs. Twenty five Lakh
twenty seven thousand five hundred twenty seven
only ) before the Court.
3) The concerned banks are directed to transfer
frozen amount lying with respondent banks as per
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report/reply dtd.27/06/2025 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of
Rs.25,27,527/- (Rs. Twenty five Lakh twenty
seven thousand five hundred twenty seven only )
in the Court as and when required.
5) The Investigating Officer is directed to produce
the indemnity bond and panchanama if any in the
court, if charge-sheet filed.
(Nilesh N. Dhend)
Judicial Magistrate First Class
Dt: 05/08/2025 62nd Court, Dadar, Mumbai.
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