Final Order 1

Order Details: Copy of Order
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IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
26TH COURT, BORIVALI, MUMBAI.
Case No. 2600044/N/2025.
Borivali Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY.
The present application is filed by the applicant viz. Mr.
Pradip Girdharlal Chanchad for de-freezing the bank account of accused
and transferring the said de-freezed amount in his bank account. It is
his contention that he has been cheated by the accused for an amount of
Rs. 4,43,600/- and the said cheated amount has been freezed by the
police. He further stated that he is an absolute owner of the said
amount which has been freezed by the police and, therefore, he is
entitle to receive the said freezed amount.
2. Say of I.O., APP and concerned bank was called.
3. Ld. APP and concerned bank failed to file their say. I.O.
filed say stating that out of the cheated amount, an amount of Rs.
4,43,554/- has been freezed by them and he has no objection if the said
freezed amount is returned to the applicant by imposing certain terms
and conditions.
4. I have gone through the application and say filed by I.O.
I.O. has given no objection to return the freezed amount to the applicant
by imposing certain terms and conditions. Prima facie applicant seems
to be the owner of the freezed amount. Hence, considering the facts and
circumstances, I proceed to pass the following order:-
O r d e r
i. Application is hereby allowed.
ii. The applicant is entitle to receive the amount which has been
freezed by the police and which is lying in the account of the accused.
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iii. The Bank Managers of the concerned banks are hereby directed
to defreeze the amount to the extent of Rs. 4,43,554/- which has been
freezed by police and transfer the said amount in the bank account of
the applicant.
iv. The applicant to provide details of his bank account to the
concerned bank, wherein, the said amount is to be credited.
v. The applicant shall execute Supurtanama bond of Rs. 5,00,000/-
(Rupees Five Lakh Only) before P.I. of concerned police station.
vi. I.O. to file Supurtnama bond along with charge-sheet.
vii. The applicant to co-operate in investigation and to produce
necessary documents at the time of hearing of case and also before I.O.
Date:- 20.02.2025 ( S. M. Patil )
aaw Judicial Magistrate (First Class),
26th Court, Borivali, Mumbai.
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