Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 1246/N/2026
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Jayesh Natverlal Mehta
has prayed for return of Demand Draft of Rs. 4,65,000/- seized during
investigation.
2. Applicant has stated that he has lodged FIR bearing no. 410/2025
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. 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 bank statement of his account maintained with Bank
of Baroda, branch Mahavir Nagar, Kandivali (West).
5. Heard both sides. After taking into consideration the say filed by
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.
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ii. Concerned is hereby directed to hand over Demand Draft dated
04.03.2026 for amount of Rs. 4,65,000/- drawn on Bank of Baroda
seized during investigation, to the applicant.
iii. Applicant shall execute his indemnity bond of Rs. 4,65,000/- (Rs.
Four lakhs Sixty-five thousand 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 :06.08.2026 17th Court, Borivali, Mumbai.
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