Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 3084/Misc./2025
Ashok Babaji Manchekar V/s.
The State of Maharashtra
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of bank accounts and freezed total an amount of
Rs. 37,42,172.13/- (Thirty seven lakh forty two thousand one
hundred seventy two and thirteen paise only ) and requested to pass
necessary order with respect to the amount claimed by the applicant.
2] By this application applicant requested to return an amount of
Rs. 37,07,249/- (Thirty seven lakh seven thousand two hundred and
forty nine only) 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.
3] On perusal of record, it transpires that police filed their say
dtd. 29/12/2025 which shows that applicant transferred an amount
of Rs. 89,00,000/- (Eight nine lakh only) in different bank accounts.
Out of which, an amount of Rs. 37,42,172.13/- (Thirty seven lakh
forty two thousand one hundred seventy two and thirteen paise
only ) came to be freezed from different bank accounts with the help
of Nodal officers of the concerned bank.
4] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs. 37,07,249/-
(Thirty seven lakh seven thousand two hundred and forty nine only)
Therefore, after gone through say of I.O the applicant is entitled to
get interim custody of Rs. 37,07,249/- (Thirty seven lakh seven
thousand two hundred and forty nine only) Hence, the application is
allowed. Hence, order;
ORDER
1) The application is allowed.
2) The investigating officer is directed to issue
-- 1 of 2 --
2
letter to the concerned bank to defreeze the
amount of Rs. 37,07,249/- (Thirty seven lakh
seven thousand two hundred and forty nine only)
as per police report dtd. 29/12/2025 and it be
transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs. 37,07,249/- (Thirty seven lakh seven
thousand two hundred and forty nine only) before
the Court.
3) The concerned bank is directed to transfer
frozen amount lying with respondent banks as per
report/reply dtd.29/12/2025 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of Rs.
37,07,249/- (Thirty seven lakh seven thousand
two hundred and forty nine 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: 02/01/2026 62nd Court, Dadar, Mumbai.
-- 2 of 2 --