Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 905/N/2026
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Yash Mahendra Kothari
has prayed for return of Demand Draft of Rs. 5,00,000/- seized during
investigation.
2. Applicant has stated that she has lodged FIR bearing no.
351/2025 for cheating and fraud. During investigation, investigating
officer has seized demand draft. Hence, applicant is seeking its custody.
3. Perused say filed by I.O. and Ld. APP. I.O. has given reply stating
that during investigation, demand draft has been seized from Ramani
Astik Hareshbhai through Supurt Panchnama. Hence, IO has given no
objection to hand over the demand draft to the applicant. It has been
contended by Ld. APP objected for allowing the application.
4. To support the contentions in the application, applicant has filed
his affidavit. Applicant has produced on record photocopies of FIR,
Aadhaar Card and Aadhaar Card of his father, bank statement of his
account maintained with YES Bank, branch Bandra (East). Also,
applicant has produced on record affidavit to the effect that in FIR
name of his father is mentioned Narendra Kothari. However, in Aadhaar
Card and PAN card, name of his father is mentioned as Mahendra
Bhuralal Kothari. Hence, Narendra Kothari and Mahendra Bhuralal
Kothari are one and the same.
5. Heard both sides. After taking into consideration the say filed by
police, it is clear that beneficiary of amount has submitted demand draft
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of Rs. 5,00,000/-, standing in the name of applicant, with the police.
Prima facie applicant appears to be entitled to get the temporary
custody of the demand draft. Considering the nature of offence, the
Court is of the opinion that conditional order will suffice the purpose.
Therefore, the Court proceed to pass following order.
ORDER
i. Application is allowed.
ii. Concerned is hereby directed to hand over Demand Draft for
amount of Rs. 5 lakhs seized during investigation, to the applicant.
iii. Applicant shall execute his indemnity bond of Rs. 5,00,000/-
(Rupees Five lakhs 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.
iv. Office to issue memo accordingly.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date :09.07.2026 17th Court, Borivali, Mumbai.
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