Final Order 1

Order Details: copy of Order
Pdf Text: C.C.No.182/N/2025
NCCR PORTAL COMPLAINT NO. 31910250199207/2025
of Parksite Police Station
ORDER PASSED ON EX-1
1] This is an application filed by applicant Manjunath Narayan
Gouda for defreezing the bank account and transfer the total cash
amount of Rs.10,000/- freezed by the Kotak Mahindra Bank, bearing
account no.9549012666 IFSC Code KKBK0000811 of Rs.10,000/-
seized in NCCR PORTAL COMPLAINT NO.31910250199207/2025
registered by the Cyber Crime Police Station.
2] Investigating Officer vide say shown no objection to hand over
the freezed cash amount to the applicant.
3] The learned Advocate for the applicant submitted that, the
cash amount of Rs. 10,000/- freezed by the abovementioned bank, at
the instance of Parksite Police Station which was used for the cheating
by the accused. The applicant is ready and willing to abide the
conditions imposed by the Court. The applicant prayed that freezed
cash amount be transferred to his bank account by ordering the
concerned bank to defreez it.
4] Perusal of the documents filed therein, depicts that, the
amount was belonging to the applicant’s account and he is entitled to
receive total cash amount of Rs.10,000/- freezed by abovementioned
bank. No purpose will be served in keeping cash of Rs.10,000/- in the
custody of the said bank. On contrary, if the said cash amount
Rs.10,000/- is transferred in the account of applicant, as interim
custody to the applicant on certain conditions, no injustice will be
caused to the prosecution and trial of alleged offence would not be
concluded in near future.
-- 1 of 2 --
:2:
5] The applicant has shown his entitlement to claim interim
custody of freezed cash amount of Rs.10,000/-. Therefore, this application
deserves to be allowed. Accordingly, following order is passed:-
-: O R D E R :-
1) Application is allowed.
2) The Branch Manager of the Kotak Mahindra Bank, bearing account
no.9549012666 IFSC Code KKBK0000811 of Rs.10,000/- is hereby
directed to release the amount lying in favour of applicant having his
Bank Account in ICICI Bank, bearing account no.463201500100,
Honnavar, Uttar Kannada Branch, IFSC Code ICIC004632 in accordance
with the guidelines issued by Reserve Bank of India as well as of rules of
concerned Bank by defreezing the concerned account.
3) Applicant shall execute indemnity bond of Rs.10,000/- on bond paper of
requisite value undertaking to produce the said amount at the disposal of
court as and when ordered by the court.
4) The applicant shall undertake that he would deposit amount received by
him, as and when directed by this court.
5) The applicant shall furnish copy of his Pan Card, Aadhar Card as well as
details of his address in the Court.
6) Intimate this order to the Police Station Officer for compliance also.
7) Copy of application and say of Police be treated as part and parcel of
application for understanding of various bank accounts, amounts lying
therein and claim of the applicant.
8) The I.O. of the present crime is hereby directed to draw detailed
Panchanama of transfer transaction and shall submit the same with
charge-sheet.
Date :- 09/04/2026
Place:-Vikhroli
(P. V. Hingne)
Addl. Chief Judicial Magistrate,
31st Court, Vikhroli, Mumbai
-- 2 of 2 --