Final Order 1

Order Details: Copy of Order
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IN THE COURT OF THE METROPOLITAN MAGISTRATE
26TH COURT, BORIVALI, MUMBAI.
Case No. 2600676/N/2024
Borivali Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY.
The present application is filed by the applicant viz. Mr.
Girish Pandurang Parasharami 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. 6,700/- and out of the said cheated amount, an
amount of Rs. 5,146/- 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 filed say and requested to pass necessary order. I.O.
filed say stating that an amount of Rs. 6,600/- 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.
and Ld. APP. In this case, though applicant sought relief to get Rs.
5,146/-, police filed report and submitted that an amount of Rs. 6,600/-
has been freezed. Today applicant filed pursis to get the seized amount
i.e. Rs. 6,600/-. It also seems that applicant has pleaded that he had
sent Rs. 6,700/-. Considering this fact, it is justifiable to give direction
to pay seized amount of Rs. 6,600/-. Bank failed to submit report.
Hence, I proceed to pass the following order:-
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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.
iii. The Bank Manager of the concerned bank is hereby directed to
defreeze the amount to the extent of Rs. 6,600/- 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. 10,000/-
(Rupees Ten Thousand 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:- 21.06.2024 ( S. M. Patil )
aaw Metropolitan Magistrate,
26th Court, Borivali, Mumbai.
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