Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. No. 1298/N/2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 1298/N/2024
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Chandrashekhar R. Mhatre
has prayed for defreezing amount of Rs. 1,38,50,000/- in his account.
2. Applicant has stated that he has lodged FIR bearing no. 231/2024
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 to get amount
which is freezed. It has been contended by Ld. APP that investigation is in
progress. Applicant has not submitted documentary evidence. Hence, APP
prayed to reject the application.
4. To support the contentions in the application, applicant has filed his
affidavit. He has produced on record photocopies of FIR, Aadhaar Card
and bank statements of his account maintained with ICICI Bank, Dahanu
branch and Axis Bank, Dahahu Road branch.
5. Heard both sides. Ld. Advocate for applicant has filed pursis praying
that amounts as per say of IO be returned. In the present matter, during
investigation, police have freezed the accounts. 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
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2 C. C. No. 1298/N/2024
entitled to get the temporary custody of the amount which is freezed.
Considering the nature of offence, I am of the opinion that conditional
order will suffice the purpose. Hence, amount can be defreezed and
reverted to the applicant's account. Therefore, I proceed to pass following
order.
ORDER
i. Application is allowed.
ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 340/- from the bank account bearing
no.00000039075238847, IFSC Code-SBIN0008427 maintained with State
Bank of India to bank account of applicant viz. Chandrashekhar R. Mhatre
bearing no. 917010038100398, IFSC Code-UTIB0003068 maintained with
Axis Bank, Dahanu Road branch.
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 5,00,000/- from the bank account bearing
no.924020013077416, IFSC Code-UTIB0000250 maintained with Axis
Bank to bank account of applicant viz. Chandrashekhar R. Mhatre bearing
no. 917010038100398, IFSC Code-UTIB0003068 maintained with Axis
Bank, Dahanu Road branch.
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 35,000/- from the bank account bearing
no.920020050274225, IFSC Code-UTIB0000885 maintained with Axis
Bank to bank account of applicant viz. Chandrashekhar R. Mhatre bearing
no. 917010038100398, IFSC Code-UTIB0003068 maintained with Axis
Bank, Dahanu Road branch.
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v. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 15,900/- from the bank account bearing
no.910010041137308, IFSC Code-UTIB0001607 maintained with Axis
Bank to bank account of applicant viz. Chandrashekhar R. Mhatre bearing
no. 917010038100398, IFSC Code-UTIB0003068 maintained with Axis
Bank, Dahanu Road branch.
vi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 6,100/- from the bank account bearing no.20002174169,
IFSC Code-SBIN0003681 maintained with State Bank of India to bank
account of applicant viz. Chandrashekhar R. Mhatre bearing no.
917010038100398, IFSC Code-UTIB0003068 maintained with Axis Bank,
Dahanu Road branch.
vii. Applicant shall execute his indemnity bond of Rs. 8,35,000/-
(Rupees Eight lakhs Thirty-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.
viii. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date :13.01.2025 17th Court, Borivali, Mumbai.
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