Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE'S
67TH COURT, BORIVALI, MUMBAI.
Notice No. 6700081/N/2024
Acknowledgement No.31901240002262
Goregaon Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY
1. The present application is filed by the applicant / original
complainant viz. Hari Mohan Sharma to defreeze the account of the
accused of Axis Bank, Account No.911010028360032 for amount of
Rs.18,198/ and return the above said cash lying in the account of
accused. Say of I.O was called. In response, I.O. has given his say and
he has no objection to return the cash to the applicant. Application is
supported with copy of Bank Statement and Adhar card.
2. I have gone through the application and say filed by I.O. I
have gone through the documents filed by the applicant on record.
Primafacie it appears that applicant has proved his claim and
entitlement to the extent of amount frozen in the account of accused by
the bank. Therefore, no prejudice would be caused to prosecution, if the
amount was set to be released in the account of applicant/complainant.
Hence, considering the facts and circumstances, in my considered view,
applicant is entitled to receive the amount which has been freeze in the
account of the accused. Therefore, I proceed to pass the following
order:
O r d e r
i. The application filed by the applicant / original complainant is
hereby allowed.
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ii. The officer in charge / I.O of Goregaon Police Station shall
defreeze the account of the accused of Axis Bank, Account
No.911010028360032 for amount of Rs.18,198/ directing the
concerned bank to release / transfer the said amount in the bank
account of applicant/complainant of Union Bank of India, bearing
account No.520191039209365 to the extent of Rs.18,198/ .
iii. The concerned Bank Manager is hereby directed to reverse the
amount from above said bank account of the accused and credit in the
bank account of the applicant i.e. Union Bank of India, bearing account
No.520191039209365 to the extent of Rs.18,198/ .
iv. The applicant shall execute Supurtanama bond of 20,000/
(Rupees Twenty Thousand Only) before P.I. of concerned police station.
v. I.O. to file Supurtnama bond along with chargesheet.
vi. The applicant to cooperate in investigation and to produce
necessary documents at the time of hearing of case and also before I.O.
Sd/
Date:06.02.2024 ( ABHAY D. GHUGE )
Metropolitan Magistrate,
67th Court, Borivali, Mumbai.
ask
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