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.1012/N/2025
(in National Cyber Cell Acknowledgment No.31907250118969)
The present application is filed by the applicant/original complainant viz
Mrs.Falguni Vajubhai Jadhav 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.1,00,350/-. 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 viz amount of
Rs.99,858/-. 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.
31907250118969 of National Cyber Cell of Malad Police Station
and directing the concerned bank to release / transfer the
said amount of Rs.99,858/- (Rs. Ninety nine thousand Eight
hundred and fifty eight only) be returned/transferred in the
bank account the applicant Mrs.Falguni Vajubhai Jadhav.
-- 1 of 2 --
3. IO is hereby directed to take steps towards the concerned
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 : 19/09/2025
ASD.
Addl. Chief Judicial Magistrate,
24th Court, Borivali, Mumbai.
-- 2 of 2 --