Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE
26TH COURT, BORIVALI, MUMBAI.
Notice No. 2601121/N/2022
Borivali Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY.
The present application is filed by the applicant viz. Mr.
Bhupesh Janrao Deshmukh, wherein, he stated that on 09.09.2022 he
was searching on google a wine shop which could deliver beer bottle
and old monk liquor, etc. at home. During his search on google he
came across one mobile number for ordering the online beer. He called
on that mobile number and the said person on the call asked him to
share his credit card details. Accordingly, he gave his American Express
Credit card details to the said person and the said person generated OTP
and asked him to tell said OTP. Without opening the said sms, he
shared his OTP and when he opened the sms, it came to his knowledge
that an amount of Rs. 98,000/ was debited from his credit card. The
applicant further contended that he again called the said person and
asked him about the deduction amount. The said person replied that by
mistake he has generated wrong OTP and therefore, he again generated
another OTP and asked him to forward the same. Accordingly, he
forwarded said OTP to the said person and found that an amount of Rs.
1,00,401/ got debited from his account. Thereafter, on realizing that
he has been cheated for total amount of Rs. 1,98,401/, he lodged FIR
in Borivali police station. On the basis of his FIR the said amount came
to be freezed by the bank. The applicant stated that he is the absolute
owner of the said freezed amount. On 21.07.2023, the applicant filed
pursis and stated that an amount of Rs. 96,349/ is freezed in HDFC
Bank and an amount of Rs. 34,937/ is freezed in Bank of Baroda and
requested to give directions to the concerned bank to reverse the said
amount in his account.
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2. Say of I.O. and APP was called and notice was issued to
HDFC Bank and Bank of Baroda.
3. I.O. filed say and stated that an amount of Rs. 96,559/ is
freezed in Bank of Baroda and an amount of Rs. 94,753/ is freezed in
HDFC Bank. I.O. further stated that they have no objection if the said
amount is returned to the applicant on certain terms and conditions.
4. Ld. APP filed his say and stated that the application is filed
for interim custody of Rs. 1,98,401/ but, as per say of I.O., only Rs.
96,753/ is freezed by the police. Hence, amount is different which
cannot be returned to the applicant. With these submissions he
requested to pass necessary order.
5. The concerned bank authorities have also filed their
respective reply.
6. I have gone through the application, say filed by I.O. and
APP and reply filed by bank authorities. I have also gone through the
documents filed by the HDFC Bank and reply filed by Bank of Baroda.
On perusal of statement of account of HDFC Bank, it seems that an
amount of Rs. 96,349/ has been freezed and on perusal of reply filed
by Bank of Baroda, it seems that an amount of Rs. 34,937.34/ has been
debit freezed by the bank. Documents shows that the said amount
belongs to the applicant. Hence, considering the facts and
circumstances, in my considered view, applicant is entitle to receive the
amount which has been freezed in the account of the accused.
Therefore, I proceed to pass the following order:
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O r d e r
i. The application filed by the applicant is hereby allowed.
ii. The concerned Bank Managers of HDFC Bank and Bank of Baroda
are hereby directed to defreeze an amount of Rs. 96,349/ and Rs.
34,937/ respectively lying in the account of the accused and transfer
the said amount into the account of the applicant.
iii. The applicant to provide details of his bank account to the
concerned bank, wherein, the said amount is to be credited.
iv. The applicant shall execute Supurtanama bond of Rs.
2,00,000/ (Rupees Two Lakhs Only) before P.I. of concerned police
station.
v. I.O. to file Supurtanama bond along with chargesheet.
vi. The applicant to cooperate in investigation and to produce
necessary documents at the time of hearing of case and also before I.O.
Date: 18.08.2023 ( S. M. Patil )
aaw Metropolitan Magistrate,
26th Court, Borivali, Mumbai.
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