Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. No. 1451/N/2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No.1451/N/2024
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Aarti Dharmesh Patel has
prayed for defreezing amount in her account.
2. Applicant has stated that she has lodged online complaint bearing
no. 31907240101345 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 applicant has not
produced documentary proof in support of her claim. If amount is returned
to the applicant, she may dispose of the same.
4. To support the contentions in the application, applicant has filed her
affidavit as well as affidavit cum NOC of joint account holder Jayshree
Rathod. She has produced on record photocopies of FIR, Aadhaar Card and
bank statements of her joint accounts maintained with ICICI Bank and
Saraswat Bank.
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. 1451/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. 1,50,000/- from the bank account bearing no.
101205002360, IFSC Code-ICIC0DC0099 maintained with ICICI Bank to
bank account of applicant viz. Aarti Dharmesh Patel bearing no.
026701011143, IFSC Code-ICIC0000267 maintained with ICICI Bank,
Thakur Village, Kandivali (East) branch.
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 91,000/- from the bank account bearing no.
00000043093972263, IFSC Code-SBIN0031131 maintained with State
Bank of India to bank account of applicant viz. Aarti Dharmesh Patel
bearing no. 026701011143, IFSC Code-ICIC0000267 maintained with
ICICI Bank, Thakur Village, Kandivali (East) branch.
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 5,000/- from the bank account bearing no.0041415623237,
IFSC Code-SBIN0010922 maintained with State Bank of India to bank
account of applicant viz. Aarti Dharmesh Patel bearing no. 026701011143,
IFSC Code-ICIC0000267 maintained with ICICI Bank, Thakur Village,
Kandivali (East) branch.
v. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,000/- from the bank account bearing no.34077724273,
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IFSC Code-SBIN0000888 maintained with State Bank of India to bank
account of applicant viz. Aarti Dharmesh Patel bearing no. 026701011143,
IFSC Code-ICIC0000267 maintained with ICICI Bank, Thakur Village,
Kandivali (East) branch.
vi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 706/- from the bank account bearing no.
00000043097005950, IFSC Code-SBIN0001198 maintained with State
Bank of India to bank account of applicant viz. Aarti Dharmesh Patel
bearing no. 026701011143, IFSC Code-ICIC0000267 maintained with
ICICI Bank, Thakur Village, Kandivali (East) branch.
vii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,553/- from the bank account bearing no.
00000043135203237, IFSC Code-SBIN0003289 maintained with State
Bank of India to bank account of applicant viz. Aarti Dharmesh Patel
bearing no. 026701011143, IFSC Code-ICIC0000267 maintained with
ICICI Bank, Thakur Village, Kandivali (East) branch.
viii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,848/- from the bank account bearing no.
913010029659430, IFSC Code-UTIB0002666 maintained with Axis Bank
to bank account of applicant viz. Aarti Dharmesh Patel bearing no.
026701011143, IFSC Code-ICIC0000267 maintained with ICICI Bank,
Thakur Village, Kandivali (East) branch.
ix. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,000/- from the bank account bearing no.
007020110001648, IFSC Code-BKID0000070 maintained with Bank of
India to bank account of applicant viz. Aarti Dharmesh Patel bearing no.
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026701011143, IFSC Code-ICIC0000267 maintained with ICICI Bank,
Thakur Village, Kandivali (East) branch.
x. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 500/- from the bank account bearing no.211010110001585,
IFSC Code-BKID0002110 maintained with Bank of India to bank account
of applicant viz. Aarti Dharmesh Patel bearing no. 026701011143, IFSC
Code-ICIC0000267 maintained with ICICI Bank, Thakur Village, Kandivali
(East) branch.
xi. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,000/- from the bank account bearing no.31078965833,
IFSC Code-SBIN0009306 maintained with State Bank of India to bank
account of applicant viz. Aarti Dharmesh Patel bearing no. 026701011143,
IFSC Code-ICIC0000267 maintained with ICICI Bank, Thakur Village,
Kandivali (East) branch.
xii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,996/- from the bank account bearing no.068105500580,
IFSC Code-ICIC0000681 maintained with ICICI Bank to bank account of
applicant viz. Aarti Dharmesh Patel bearing no. 026701011143, IFSC
Code-ICIC0000267 maintained with ICICI Bank, Thakur Village, Kandivali
(East) branch.
xiii. Applicant shall execute his indemnity bond of Rs. 3,85,000/-
(Rupees Three Lakhs Eighty-five thousand only) subject to the following
conditions.
a) Supurtnama be executed in concerned police station on it's
due identification.
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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.
xiv. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date : 05.05.2025 17th Court, Borivali, Mumbai.
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