Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201356/Misc./2025
Mukesh Kalia V/s. The
State of Maharashtra and 02 Others
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 05 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 and 03. But, respondent
No. 02 and 03 irrespective of service of notice failed to appear and file
their say. Hence, matter is taken up for decision ex-parte against
respondent No. 02 and 03.
3] Reply of investigating officer shows that from 05 bank accounts
an amount of Rs.6,90,506/- (Rs. Six Lakh ninety thousand five
hundred and six only ) is freezed.
4] By this application applicant requested to return an amount of
Rs.6,90,506/- (Rs. Six Lakh ninety thousand five hundred and six
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.
5] On perusal of record, it transpires that police filed their say
dtd. 10/07/2025 which shows that applicant transferred an amount
of Rs.6,90,506/- (Rs. Six Lakh ninety thousand five hundred and six
only) in different bank accounts. Out of which, an amount of
Rs.6,90,506/- (Rs. Six Lakh ninety thousand five hundred and six
only ) came to be freezed from different bank accounts as per say
filed by police dtd.10/07/2025 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.10/07/2025 contending
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that an amount of Rs.6,90,506/- (Rs. Six Lakh ninety thousand five
hundred and six only) came to be freezed from different bank
accounts.
7] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs.6,90,506/- (Rs.
Six Lakh ninety thousand five hundred and six only ) Therefore, after
gone through say of I.O the applicant is entitled to get interim
custody of Rs.6,90,506/- (Rs. Six Lakh ninety thousand five hundred
and six only ). Hence, the application is allowed. Hence, order;
ORDER
1) The application is allowed.
2) The investigating officer is directed to issue
letter to the concerned banks to defreeze the
amount of Rs.6,90,506/- (Rs. Six Lakh ninety
thousand five hundred and six only ) as per police
report dtd. 10/07/2025 and it be transferred in
the account of applicant till the conclusion of the
trial on executing indemnity bond of
Rs.6,90,506/- (Rs. Six Lakh ninety thousand five
hundred and six only) before the Court.
3) The concerned banks are directed to transfer
frozen amount lying with respondent banks as per
report/reply dtd.10/07/2025 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of
Rs.6,90,506/- (Rs. Six Lakh ninety thousand five
hundred and six only ) in the Court as and when
required.
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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: 15/07/2025 62nd Court, Dadar, Mumbai.
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