Final Order 2

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201439/Misc./2025
Vilas Govind Vinerkar
V/s. The State of Maharashtra & 95 Anr.
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 95 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 95. But, respondents
no. 02, 04,05 to 12, 14 to 38, 41 to 47, 49 to 64, 66 to 82, 84 to 88, 90 to
93 and 96 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, 04,05 to 12, 14 to 38, 41 to 47, 49 to 64, 66 to 82, 84 to 88, 90
to 93 and 96.
3] Perused the reply filed by respondent No. 48 i.e. Kotak
Mahindra Bank on record and submitted in his reply that, the
account balance in Account is Rs. 500/-.
4] Perused the reply filed by respondent No. 03 i.e. IDFC First
Bank on record and submitted in his reply that, the account is
freezed by them mentioned in the notice.
5] Perused the reply filed by respondent No. 89 i.e. HDFC Bank
on record and submitted in his reply that, the lien of Rs. 14145.24 in
the account No. 50100455817380.
6] Perused the reply filed by respondent No. 13 i.e. ICICI Bank on
record and submitted in his reply that, there is balance of Rs. 5310/-
as prayed by the applicant.
7] Perused the reply filed by respondent No. 39 i.e. ICICI Bank on
record and submitted in his reply that, there is balance of Rs. 1500/-
as prayed by the applicant.
8] Perused the reply filed by respondent No. 40 i.e. ICICI Bank on
record and submitted in his reply that, there is insufficient balance of
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Rs. 24.34 and unable to release an amount of Rs. 2009/- as prayed
by the applicant.
9] Perused the reply filed by respondent No. 65 i.e. ICICI Bank on
record and submitted in his reply that, there is sufficient balance of
Rs. 3996.02 as prayed by the applicant.
10] Perused the reply filed by respondent No. 94 i.e. ICICI Bank on
record and submitted in his reply that, there is sufficient balance of
Rs. 2000 as prayed by the applicant.
11] Perused the reply filed by respondent No. 95 i.e. ICICI Bank on
record and submitted in his reply that, there is sufficient balance of
Rs. 1657.55 as prayed by the applicant.
12] Reply of investigating officer shows that from 95 bank accounts
an amount of Rs.33,26,100/- (Rs. Thirty three Lakh twenty six
thousand one hundred only ) is freezed.
13] By this application applicant requested to return an amount of
Rs.33,26,100/- (Rs. Thirty three Lakh twenty six thousand one
hundred 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.
14] On perusal of record, it transpires that police filed their say
dtd. 29/07/2025 which shows that applicant transferred an amount
of Rs.1,31,54,250/- in different bank accounts. Out of which, an
amount of Rs.33,26,100/- (Rs. Thirty three Lakh twenty six
thousand one hundred only ) came to be freezed from different bank
accounts as per say filed by police dtd.29/07/2025 with the help of
Nodal officers of the concerned bank.
15] At this juncture the applicant will have to show that it has
better right to get the amount lying with the respondents banks.
16] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs.33,24,091/-
(Rs. Thirty three Lakh twenty four thousand ninty one only ).
Therefore, after gone through say of I.O and reply of respondent
banks the applicant is entitled to get interim custody of
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Rs.33,24,091/- (Rs. Thirty three Lakh twenty four thousand ninty
one 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.33,24,091/- (Rs. Thirty three Lakh
twenty four thousand ninty one only ) as per
police report dtd. 29/07/2025 and it be
transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs.33,24,091/- (Rs. Thirty three Lakh
twenty four thousand ninty one only ) before the
Court.
3) The concerned banks are directed to transfer
frozen amount lying with respondent banks as per
report/reply dtd.29/07/2025 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of
Rs.33,24,091/- (Rs. Thirty three Lakh twenty four
thousand ninty one 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: 22/08/2025 62nd Court, Dadar, Mumbai.
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