Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 412/N/2025
Samtanagar Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Purnima Mohanlal Rathod has
prayed for defreezing amount of Rs. 13,100/- in her favour.
2. Applicant has stated that she has lodged online complaint bearing no.
31902250022311 for cheating and fraud. During investigation, bank accounts
are freezed wherein amount is transferred. Hence, applicant prayed to
defreeze said amount and redirect to transfer the same.
3. Perused say filed by I.O. and Ld. APP. I.O. has given no objection for
allowing the application stating that applicant is entitled to get amount which
is freezed. It has been contended by Ld. APP that if amount is returned to the
applicant, she may dispose of the same. Hence, APP prayed to reject the
application.
4. To support the contentions in the application, applicant has filed her
affidavit. She has produced on record photocopy of online complaint, Aadhaar
Card and Copy of bank statement of her account maintained with State Bank
of India, Thakur Complex, Kandivali (East) branch.
5. Heard both sides. After taking into consideration the say filed by police,
it is clear that amount has been transferred from the account of applicant and
said amount is freezed. Thus, the applicant prima facie appears entitled to get
the temporary custody of the amount which is freezed. Considering the nature
of offence, I am of the opinion that conditional order will suffice the purpose.
Hence, amount can be defreezed and reverted to the applicant's account.
Therefore, I pass following order.
ORDER
i. Application is allowed.
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ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 12,000/- from the bank account bearing no.
4596020001168828 maintained with Jana Small Finance Bank-Jana Bank to
bank account of applicant Purnima Mohanlal Rathod bearing no.
38926485970, IFSC Code-SBIN0015282 maintained with State Bank of India,
branch Thakur Complex, Kandivali (East).
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs.1,100/- from the bank account bearing no.
026605001304195001 maintained with Catholic Syrian Bank Ltd. to bank
account of applicant Purnima Mohanlal Rathod bearing no. 38926485970,
IFSC Code-SBIN0015282 maintained with State Bank of India, branch Thakur
Complex, Kandivali (East).
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 9/- from the bank account bearing no. 20323172714
maintained with State Bank of India to bank account of applicant Purnima
Mohanlal Rathod bearing no. 38926485970, IFSC Code-SBIN0015282
maintained with State Bank of India, Thakur Complex, Kandivali (East).
v. Applicant to execute her supurtnama of Rs. 20,000/- (Rupees Twenty
thousand only) subject to the following conditions.
a) Supurtnama be executed in concerned police station on it's
due identification.
b) Concerned police station to transmit copy of Supurtnama to
this Court.
c) If it is proved subsequently that the applicant is not entitled to
the above stated amounts, she shall be liable to deposit the
said amount in the Court.
vi. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date : 27.06.2025 17th Court, Borivali, Mumbai.
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