Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 1556/N/2024
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Jesica Ezekiel Saralkar has
prayed for defreezing amount of Rs. 11,87,000/- in her account.
2. Applicant has stated that she has lodged online complaints 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. It has been contended by Ld. APP that necessary
order may kindly be passed after considering say of investigating officer.
4. To support the contentions in the application, applicant has filed her
affidavit. She has produced on record photocopies of online complaint,
Aadhaar Card and bank statement of her joint account maintained with
HDFC Bank, Mindspace, Malad (West) branch.
5. Heard both sides. 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 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.
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ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,20,000/- from the bank account bearing no.
0777040100009508, IFSC Code-JAKA0SSISGR maintained with Jammu and
Kashmir Bank to bank account of applicant viz. Jesica Ezekiel Saralkar
bearing no.50100077513333, IFSC Code-HDFC0000411 maintained with
HDFC Bank, Mindspace, Malad (West) branch.
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,67,000/- from the bank account bearing no.
0777040100009508, IFSC Code-JAKA0SSISGR maintained with Jammu and
Kashmir Bank to bank account of applicant viz. Jesica Ezekiel Saralkar
bearing no.50100077513333, IFSC Code-HDFC0000411 maintained with
HDFC Bank, Mindspace, Malad (West) branch.
iv. Applicant shall execute her indemnity bond of Rs. 17,80,000/- (Rupees
Seventeen lakhs Eighty 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, she shall be liable to deposit the said
amount in the Court.
v. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date :25.03.2025 17th Court, Borivali, Mumbai.
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