Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. No. 476/N/2025
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 476/N/2025
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Arun Ramji Sheth has prayed
for defreezing amount of Rs. 2,50,000/- in his account.
2. Applicant has stated that he has lodged online complaints for
cheating and fraud. During investigation, bank accounts are freezed
wherein amount is transferred. Hence, applicant prayed to defreeze said
amount.
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 necessary order
may kindly be passed.
4. To support the contentions in the application, applicant has filed his
affidavit as well as affidavit cum NOC of joint account holder Saroj Arun
Sheth. Applicant has produced on record photocopies of online complaints,
Aadhaar Card and bank statement of his joint bank account maintained
with Canara Bank, Kandivali (East) branch.
5. Heard both sides. Ld. Advocate for the applicant filed pursis praying
that amount as per say of IO be returned. In the present matter, during
investigation, police have freezed the accounts. After taking into
consideration the say filed by police, it is clear that bank accounts are
freezed wherein amount is transferred.
Prima facie applicant appears to be
entitled to get the temporary custody of the amount which is freezed.
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2 C. C. No. 476/N/2025
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 proceed to pass following
order.
ORDER
i. Application is allowed.
ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 500/- from the bank account bearing no.04080100014205,
maintained with UCO Bank to bank account of applicant viz. Arun Ramji
Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663 maintained
with Canara Bank, Thakur Village, Kandivali (East) branch.
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 38,000/- from the bank account bearing no. 43842129007,
maintained with State Bank of India to bank account of applicant viz. Arun
Ramji Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663
maintained with Canara Bank, Thakur Village, Kandivali (East) branch.
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 89,998/- from the bank account bearing no.
TERMINALID89054820, maintained with Amazon Pay to bank account of
applicant viz. Arun Ramji Sheth bearing no. 2663101004089, IFSC Code-
CNRB0002663 maintained with Canara Bank, Thakur Village, Kandivali
(East) branch.
v. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 70,010/- from the bank account bearing no. 7986217536,
maintained with Indian Bank to bank account of applicant viz. Arun Ramji
Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663 maintained
with Canara Bank, Thakur Village, Kandivali (East) branch.
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3 C. C. No. 476/N/2025
vi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 48,228/- from the bank account bearing no.7986545169,
maintained with Indian Bank to bank account of applicant viz. Arun Ramji
Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663 maintained
with Canara Bank, Thakur Village, Kandivali (East) branch.
vii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 2,000/- from the bank account bearing no. 0016365211,
maintained with Citi Bank to bank account of applicant viz. Arun Ramji
Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663 maintained
with Canara Bank, Thakur Village, Kandivali (East) branch.
viii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 2,661/- from the bank account bearing no. 35878079574,
maintained with State Bank of India to bank account of applicant viz. Arun
Ramji Sheth bearing no. 2663101004089, IFSC Code-CNRB0002663
maintained with Canara Bank, Thakur Village, Kandivali (East) branch.
ix. Applicant shall execute his indemnity bond of Rs. 3,75,000/-
(Rupees Three lakh Seventy-five 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 amount, he shall be liable to deposit the said
amount in the Court.
x. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date :06.05.2025 17th Court, Borivali, Mumbai.
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