Final Order 1

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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201994/Misc./2024
Nitin Dadia V/s. The State of
Maharashtra and 20 Others
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply has
given the details of 19 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 also issued to all respondents. But, respondents Nos. 02
to 21 irrespective of service of notice failed to appear and file their say.
Hence, matter is taken up for decision ex-parte against respondent Nos.
02 to 21.
3] Reply of investigating officer shows that following accounts and
amount mentioned against them is freezed as follows:
Sr. No. Bank Name Amount
1 SBI 5500/-
2 SBI 6000/-
3 Axis Bank 95/-
4 SBI 90835/-
5 SBI 1000/-
6 SBI 835/-
7 Federal Bank 37257/-
8 South Indian Bank 702/-
9 South Indian Bank 305/-
10 Federal Bank 24298/-
11 TJSB Sahkari Bank Ltd 20000/-
12 UCO Bank 20000/-
13 IDBI Bank 1715/-
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14 SBI 500/-
15 Central Bank of India 35751/-
16 SBI Bank 85000/-
17 Axis Bank 9980/-
18 SBI 9900/-
19 Axis Bank 11,80,000/-
Total 15,29,673/-
7] By this application applicant requested to return an amount of
Rs.3,81,274/- 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.
8] On perusal of record, it transpires that police filed their say dtd.
07/12/2024 (Exh.04) which shows that applicant transferred an amount
of Rs.3,81,00,000/- in different bank accounts. Out of which, an amount
of Rs.15,29,673/- came to be freezed in the different banks as per say filed
by police dtd.07/12/2024 with the help of Nodal officers of the concerned
bank. The applicant made respondent no. 04 and 05 twice and shown the
amount of Rs. 90,835/- transferred from the same account bearing no.
38054445458. But, I.O in his reply at Sr. N0. 04 SBI Bank has defreezed
the amount of Rs. 90835/- only.
9] 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.07/12/2024 contending that an amount of
Rs.15,29,673/- came to be freezed in different banks to whom applicant
made as respondents in said proceeding.
10] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs.2,90,439/- as per
say filed by police dated 07/12/2024. Therefore, after gone through say of
I.O the applicant is entitled to get interim custody of Rs.2,90,439/ only.
Hence, the application is allowed. Hence, order;
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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.2,90,439/- as per police report dtd. 07/12/2024
and it be transferred in the bank account No.
00051000072676 with HDFC Bank Ltd of applicant till
the conclusion of the trial on executing indemnity
bond of Rs.2,90,439/- (Rs. Two Lac and ninety
thousand and four hundred and thirty nine only )
before the Court.
3) The concerned banks are directed to transfer frozen
amount lying with respondent banks as per
report/reply dtd.07/12/2024 of Investigating Officer
in the account of the applicant on furnishing details of
his account through the Investigating Officer.
4) The applicant shall deposit an amount of
Rs.2,90,439/- 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.
(Suhas Vijaya P. Bhosale)
Judicial Magistrate First Class
Dt: 09/01/2025 62nd Court, Dadar, Mumbai.
Grs/-
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