Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201630/Misc./2025
Dhiren Roy V/s. The State
of Maharashtra and 07 Anr
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 17 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 08. But, respondent
No. 02 to 08 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 to 08.
3] Reply of investigating officer shows that from 17 bank accounts
an amount of Rs.2,64,150/- (Rs. Two Lakh sixty four thousand one
hundred and fifty only ) is freezed.
4] By this application applicant requested to return an amount of
Rs.1,69,112/- (Rs. One Lakh sixty nine thousand one hundred and
twelve only) lying in respondent 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. 29/07/2025 (Exh.03) which shows that applicant transferred an
amount of Rs.1,37,70,137/- in respondent bank account. Out of
which, an amount of Rs.2,64,150/- (Rs. Two Lakh sixty four
thousand one hundred and fifty only ) came to be freezed from
respondent bank account as per say filed by police dtd.29/07/2025
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 respondent banks.
Investigating officer in his report/reply dtd.29/07/2025 contending
that an amount of Rs.2,64,150/- (Rs. Two Lakh sixty four thousand
one hundred and fifty only ) came to be freezed from respondent
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banks account 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.1,69,112/- (Rs.
One Lakh sixty nine thousand one hundred and twelve only).
Therefore, after gone through say of I.O the applicant is entitled to
get interim custody of Rs.1,69,112/- (Rs. One Lakh sixty nine
thousand one hundred and twelve 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.1,69,112/- (Rs. One Lakh sixty nine
thousand one hundred and twelve only) and it be
transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs.1,69,112/- (Rs. One Lakh sixty nine
thousand one hundred and twelve only) before the
Court.
3) The concerned bank is 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.1,69,112/- (Rs. One Lakh sixty nine thousand
one hundred and twelve 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: 09/09/2025 62nd Court, Dadar, Mumbai.
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