Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. No. 759/N/2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 759/N/2024
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Shubhalaxmi Pravin Shetty
has prayed for defreezing the amount in her account and for return of
amount of Rs. 10,771/- as per e-mail dated 28.05.2024 and 28.06.2024
sent by Cyber police station regarding recovery of amount from accused.
2. Applicant has stated that she has lodged online complaint bearing
no. 21902240015850 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 for return of
amount which is freezed and recovered. It has been contended by Ld. APP
that said property is most important evidence at the time of trial. If it is
returned to the applicant, she may not produce the same as and when
required. 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 photocopies of online complaint,
Aadhaar Card and bank statement of her account maintained with HDFC
Bank, Ahura Center, Andheri (East) branch.
5. Heard both sides. In the present matter, during investigation, police
have freezed the accounts as well as recovered some amount from the
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2 C. C. No. 759/N/2024
accused. 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 and recovered from the accused. Considering the
nature of offence, I am of the opinion that conditional order will suffice the
purpose. Therefore, I proceed to pass the following order.
ORDER
i. Application is allowed.
ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 6,600/- from the bank account bearing no.0120101007655,
IFSC Code-CNRB0000120 maintained with Canara Bank to bank account
of applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing no.077201001629,
IFSC Code-ICIC0000772 maintained with ICICI Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,105/- from the bank account bearing no.59080772941,
IFSC Code-IDIB000J632 maintained with Indian Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
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v. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,199/- from the bank account bearing no.6237333415,
IFSC Code-IDIB000S144 maintained with Indian Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
vi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,340/- from the bank account bearing no.
909010037578643, IFSC Code-UTIB0000397 maintained with Axis Bank
to bank account of applicant viz. Shubhalaxmi Pravin Shetty bearing no.
05431050097086, IFSC Code-HDFC0000543 maintained with HDFC Bank,
Ahura Center, Andheri (East).
vii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing
no.923010056839657, IFSC Code-UTIB0002323 maintained with Axis
Bank to bank account of applicant viz. Shubhalaxmi Pravin Shetty bearing
no. 05431050097086, IFSC Code-HDFC0000543 maintained with HDFC
Bank, Ahura Center, Andheri (East).
viii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 2,176/- from the bank account bearing no.39100100003926
maintained with Bank of Baroda to bank account of applicant viz.
Shubhalaxmi Pravin Shetty bearing no. 05431050097086, IFSC Code-
HDFC0000543 maintained with HDFC Bank, Ahura Center, Andheri (East).
ix. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 12,694/- from the bank account bearing no.
28218100002795 maintained with Bank of Baroda to bank account of
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applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
x. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 39,000/- from the bank account bearing
no.16380110021576, IFSC Code-UCBA0001638 maintained with UCO
Bank to bank account of applicant viz. Shubhalaxmi Pravin Shetty bearing
no. 05431050097086, IFSC Code-HDFC0000543 maintained with HDFC
Bank, Ahura Center, Andheri (East).
xi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 2,000/- from the bank account bearing no.50356267446,
IFSC Code-IDIB000L513 maintained with Indian Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
xii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 830/- from the bank account bearing no.922010014280333,
maintained with Axis Bank to bank account of applicant viz. Shubhalaxmi
Pravin Shetty bearing no. 05431050097086, IFSC Code-HDFC0000543
maintained with HDFC Bank, Ahura Center, Andheri (East).
xiii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 550/- from the bank account bearing
no.00000039713554441, IFSC Code-SBIN0012224 maintained with State
Bank of India to bank account of applicant viz. Shubhalaxmi Pravin Shetty
bearing no. 05431050097086, IFSC Code-HDFC0000543 maintained with
HDFC Bank, Ahura Center, Andheri (East).
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xiv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 9,000/- from the bank account bearing no.
00000042565529336, IFSC Code-SBIN0005923 maintained with State
Bank of India to bank account of applicant viz. Shubhalaxmi Pravin Shetty
bearing no. 05431050097086, IFSC Code-HDFC0000543 maintained with
HDFC Bank, Ahura Center, Andheri (East).
xv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 6,000/- from the bank account bearing no.
00000030868500173, IFSC Code-SBIN0011193 maintained with State
Bank of India to bank account of applicant viz. Shubhalaxmi Pravin Shetty
bearing no. 05431050097086, IFSC Code-HDFC0000543 maintained with
HDFC Bank, Ahura Center, Andheri (East).
xvi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 4,500/- from the bank account bearing no. 38765581981
maintained with State Bank of India to bank account of applicant viz.
Shubhalaxmi Pravin Shetty bearing no. 05431050097086, IFSC
Code-HDFC0000543 maintained with HDFC Bank, Ahura Center, Andheri
(East).
xvii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,000/- from the bank account bearing no.
00000042621180484, IFSC Code-SBIN0030138 maintained with State
Bank of India to bank account of applicant viz. Shubhalaxmi Pravin Shetty
bearing no. 05431050097086, IFSC Code-HDFC0000543 maintained with
HDFC Bank, Ahura Center, Andheri (East).
xviii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,044/- from the bank account bearing no.30944401734,
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IFSC Code-SBIN0008193 maintained with State Bank of India to bank
account of applicant viz. Shubhalaxmi Pravin Shetty bearing no.
05431050097086, IFSC Code-HDFC0000543 maintained with HDFC Bank,
Ahura Center, Andheri (East).
xix. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing no.65036644551,
IFSC Code-SBIN0050007 maintained with State Bank of India to bank
account of applicant viz. Shubhalaxmi Pravin Shetty bearing no.
05431050097086, IFSC Code-HDFC0000543 maintained with HDFC Bank,
Ahura Center, Andheri (East).
xx. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 5,000/- from the bank account bearing no.
00000031557148546 maintained with State Bank of India to bank account
of applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
xxi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 57,060/- from the bank account bearing no.026005500944,
IFSC Code-ICIC0000260 maintained with ICICI Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
xxii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 42,168/- from the bank account bearing no.7173325170,
IFSC Code-IDIB000S181 maintained with Indian Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
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IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
xxiii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing no.
8530210000004220 maintained with DBS Bank to bank account of
applicant viz. Shubhalaxmi Pravin Shetty bearing no. 05431050097086,
IFSC Code-HDFC0000543 maintained with HDFC Bank, Ahura Center,
Andheri (East).
xxiv. Concerned is hereby directed to return amount of Rs. 10,771/- to
the applicant viz. Shubhalaxmi Pravin Shetty, as per e-mail dated
28.05.2024 and 28.06.2024 sent by Cyber police station regarding
recovery of amount from accused.
xxv. Applicant shall execute her indemnity bond of Rs. 4,00,000/-
(Rupees Four 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, she shall be liable to deposit the
said amount in the Court.
xxvi. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
17th Court, Borivali, Mumbai.
Date : 04.12.2024
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