Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE,
24TH COURT, BORIVALI, MUMBAI
ORDER BELOW EXH.1 IN C.C.NO.866/N/2025
(in National Cyber Cell Acknowledgment No.31905250082496)
The present application is filed by the applicant/original complainant viz
Mr.Manoj Vijay Shah for return of amount lying in the account in which the said
fraud has been committed. There is on-line financial fraud transaction of Rs.15,000/-.
Say of IO and APP was called. Perused say filed by IO and APP. In response, IO has
given his no objection and requested to pass necessary order. Application is supported
with affidavit of applicant alongwith copies of Aadhar Card, Bank Account statement,
Cyber crime Incident acknowledgment receipt and complaint with police station.
2. I have gone through the application, say filed by IO. I have gone through the
documents filed by the applicant on record. Prima-facie it appears that the applicant
has proved the claim and entitlement to the extent of amount frozen in the account by
the bank in which the said cyber crime fraud has been committed. Therefore, no
prejudice would be caused to prosecution, if the amount was set to be released in the
account of the applicant/ complainant. Hence, considering the facts and
circumstances, in my opinion, applicant is entitled to receive the amount which has
been freezed in the account of the accused. Therefore, I proceed to pass following
order.
ORDER
1. Application is hereby allowed.
2. IO is directed to de-freez bank account of the accused,
freezed in Cyber Crime Incident Acknowledgment No.
31905250082496 of National Cyber Cell of Malad Police Station
and directing the concerned bank to release / transfer the
said amount of Rs.15,000/- (Rs. Fifteen thousand only) be
returned/transferred in the bank account the applicant
Mr.Manoj Vijay Shah.
3. IO is hereby directed to take steps towards the concerned
-- 1 of 2 --
Bank to reverse the amount to the account of applicant.
4. The applicant is directed to execute Indemnity Bond for the
said amount by giving undertaking that the applicant shall
produce the same as and when required by the court during
the trial or in appeal/ revision/writ petition in future, so also
the applicant will deposit said cash in court, as and when
directed by the court.
5. Inform police authority accordingly.
6. Copy of the said order be kept alongwith the original case
papers arising out of the said crime.
sd/-
Mumbai (B.N.Chikne)
Date : 29/01/2026
ASD.
Addl. Chief Judicial Magistrate,
24th Court, Borivali, Mumbai.
-- 2 of 2 --