Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH-1 IN C.C. NO. 6801027/N/2024
COMPLAINT No. 31907240098168 OF BANGUR NAGAR POLICE STATION
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The applicant has filed this application to transfer the freezed
amount of Rs.59,497/- in complaint no.31907240098168 registered by
(Cyber Crime) police station Bangur Nagar. Further, it appears from say
filed by (Cyber Crime) Bangur Nagar police station that Rs.59,497/- was
recovered and freezed by the Investigating Officer in complaint no.
31907240098168.
2. Investigating Officer has not objected the application.
3. Ld. APP has filed his say and submitted that necessary order
may be passed.
4. I have heard Ld. Advocate for the applicant and Ld. APP. So
also, I have perused the documents filed on record. It appears that, the
applicant in support of his contention has filed copy of complaint bearing
No.31907240098168 (Cyber Crime). On perusal of complaint it appears
that the applicant has lodged the complaint with regarding online financial
fraud through Cyber Crime (Bangur Nagar police station) that on the date,
time and place of incident the accused mentioned in the aforesaid
complaint no. 31907240098168 committed the offence of breach of trust
with regard to cash amount Rs.1,00,000/-.
5. Further, from the reply of I.O. it appears that the police has
seized / freezed the amount of Rs.59,497/- which has been transferred
from the bank account of the applicant Mr. Surender Jain and the same is
2/-
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lying in the following Bank Account -
Sr.
No.
Bank Account Details of the
applicant Mr. Surender Jain
Amount
transferred
Beneficiary Account Details Seized/
Freezed
Amount
1. State Bank of India
A/c. No.36105577857
IFSC Code - SBIN0008075
1,00,000/- Axis Bank
A/c. No. 924010033839499
IFSC Code - UTIB0004355
59,497/-
TOTAL AMOUNT 1,00,000/- TOTAL AMOUNT 59,497/-
6. Further, till today nobody other than the applicant has claimed
the said seized / freezed amount. This being the position, it is just and
proper to give directions to the Branch Manager of above mentioned Bank
of the Beneficiary to transfer the seized amount of Rs.59,497/- which has
been transferred from the account of the applicant Mr. Surender Jain on
some terms and conditions to the applicant vide section 457 of The Code of
Criminal Procedure. Hence, I pass the following order :-
-: O R D E R :-
1. Application is allowed.
2. The Investigating Officer in complaint bearing No.31907240098168
(Cyber Crime) registered by Bangur Nagar Police Station is hereby directed
to issue directions to the Branch Manager of above mentioned bank
mentioned in the table at point no. 5 of the beneficiary to transfer the
following seized / freezed amount of Rs.59,497/- which has been
transferred from the account of the applicant Mr. Surender Jain in his
account of State Bank of India, A/c. No.36105577857, IFSC Code -
SBIN0008075 and seized / freezed the balance amount in respective bank
account. Details of the Bank as per the above mentioned table at point no.5.
3/-
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3. The Investigating Officer in complaint bearing No.31907240098168
(Cyber Crime) is also directed to prepare a detailed report and obtain
signature of the applicant.
4. The applicant shall file an undertaking before the Court that he will
deposit the said amount in the Court as and when directed by the Court.
5. The Investigating Officer in complaint bearing No.31907240098168
(Cyber Crime) registered by Bangur Nagar Police Station shall submit his
compliance report as early as possible, to this Court and submit the report and
bond along with Charge-sheet.
Sd/-
( V. F. Chougule )
Mumbai. Judicial Magistrate (First Class),
Date : 20-08-2024 68th Court, Borivali, Mumbai.
*rsh
/-
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