Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201615/Misc./2025
Sunil Sitaram Shete V/s. The
State of Maharashtra and 39 Others
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 39 bank accounts freezed and requested to
pass necessary order with respect to the amount claimed by the
applicant. Whereas Ld. APP requested to pass appropriate order.
2] Notice was issued to respondent no. 02 to 40. But, respondent
No. 02, 03, 05,07 to 09,15, 24, 26,28 to 30, 32 to 34, 36 to 38 irrespective
of service of notice failed to appear and file his say. Hence, matter is taken
up for decision ex-parte against respondent No. 02, 03, 05,07 to 09,15,
24, 26,28 to 30, 32 to 34, 36 to 38.
3] Perused the reply filed by respondent No. 04 and 14 i.e. ICICI
Bank Ltd and submitted in his reply that, the balance in the account
No. 458505000119 is Rs. 1120/- and there is insufficient balance to
release the amount of Rs. 66,829/- as claimed by the applicant in
account No. 133705002704 and at present the balance in said
account is only Rs. 6420.67/-.
4] Perused the reply filed by respondent No. 06 i.e. HDFC Bank
Ltd and submitted in his reply that, the balance in the account No.
57500001372151 is Rs. 1,28,743/-
5] Perused the reply filed by respondent No. 16,21 and 31 i.e.
EASF Small Finance Bank Ltd and submitted in his reply that, the
balance in the account No. 53200000 is Rs. 4000/-, in account No.
53230005333215 is Rs. 8456/-, in account No. 50190007692391 is
Rs. 59,683/-
6] Perused the reply filed by respondent No. 12, 13, 17, 18, 19,
20, 22, 23, 35 i.e. Federal Bank Ltd and submitted in his reply
balance amount in nine bank accounts.
7] Perused the reply filed by respondent No. 10 & 11 i.e. Karur
-- 1 of 4 --
2
Vyasya Bank and submitted in his reply that, the balance in the
account No. 2112172000004814 is Rs. 1204.29/-, in account No.
2112177000003250 is Rs. 730.69.
8] Perused the reply filed by respondent No. 25 i.e. State Bank of
India and submitted in his reply that, the balance in the account is
Rs. 4883/-.
9] Perused the reply filed by respondent No. 27 i.e. State Bank of
India and submitted in his reply that, the balance in the account is
Rs. 27,704/-.
10] Perused the reply filed by respondent No. 39 i.e. Indian
Overseas Bank and submitted in his reply that, the balance in the
account No. 110001000005945 is Rs. 78,855.34/-.
11] Reply of investigating officer shows that from 39 bank accounts
an amount of Rs.8,61,187/- (Rs. Eight Lakh sixty one thousand one
hundred eighty seven only ) is freezed.
12] By this application applicant requested to return an amount of
Rs.8,61,187/- (Rs. Eight Lakh sixty one thousand one hundred eighty
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.
13] On perusal of record, it transpires that police filed their say
dtd. 30/07/2025 which shows that applicant transferred an amount
of Rs.89,23,353/- in different bank accounts. Out of which, an
amount of Rs.8,61,187/- (Rs. Eight Lakh sixty one thousand one
hundred eighty seven only ) came to be freezed from different bank
accounts as per say filed by police dtd.30/07/2025 with the help of
Nodal officers of the concerned bank.
14] 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.30/07/2025 contending
that an amount of Rs.8,61,187/- (Rs. Eight Lakh sixty one thousand
one hundred eighty seven only ) came to be freezed from different
bank accounts.
-- 2 of 4 --
15] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs.5,64,713.65/-
(Rs. Five Lakhs Sixty four thousand seven hundred thirteen and sixty
five paise only ) Therefore, after gone through reply and say of I.O
the applicant is entitled to get interim custody of Rs.5,64,713.65/-
(Rs. Five Lakhs Sixty four thousand seven hundred thirteen and sixty
five paise 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.5,64,713.65/- (Rs. Five Lakhs Sixty
four thousand seven hundred thirteen and sixty
five paise only ) as per police report dtd.
30/07/2025 and concerned respondent banks and
it be transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs.5,64,713.65/- (Rs. Five Lakhs Sixty
four thousand seven hundred thirteen and sixty
five paise only ) before the Court.
3) The concerned banks are directed to transfer
frozen amount lying with respondent banks as per
their reply and report dtd.30/07/2025 of
Investigating Officer in the account of the
applicant.
4) The applicant shall deposit an amount of
Rs.5,64,713.65/- (Rs. Five Lakhs Sixty four
thousand seven hundred thirteen and sixty five
paise only ) in the Court as and when required.
-- 3 of 4 --
4
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: 09/09/2025 62nd Court, Dadar, Mumbai.
-- 4 of 4 --