Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. No. 1972/N/2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No.1972/N/2024
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Nitin Ramkrishna Patil has
prayed for defreezing amount of Rs. 79.229.56 in his account.
2. Applicant has stated that he has lodged online complaint bearing no.
31910240143040 for cheating and fraud. During investigation, bank
accounts are freezed wherein amount is transferred. Hence, he 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 be passed after considering say of IO by imposing conditions.
4. To support the contentions in the application, applicant has filed his
affidavit as well as affidavit of joint account holder Tejaswi Nitin Patil
wherein she has given no objection to transfer the amount in applicant's
account. Applicant has produced on record photocopies of online
complaint, Aadhaar Card and bank statement of his joint account
maintained with State Bank of India, I. C. Colony, Borivali (West) as well
as his own account maintained with State Bank of India, I. C. Colony,
Borivali (West) 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
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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.
ii. Concerned is hereby directed to complete the process of transfer the
amount of Rs.2,369/- from the bank account bearing no. 14161000000866
maintained with HDFC Bank to bank account of applicant viz. Nitin
Ramkrishna Patil bearing no. 54000500240, IFSC Code-SBIN0013041
maintained with State Bank of India, I. C. Colony, Borivali (West) branch.
iii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 23,862/- from the bank account bearing no. 55154447126
maintained with State Bank of India to bank account of applicant viz. Nitin
Ramkrishna Patil bearing no. 54000500240, IFSC Code-SBIN0013041
maintained with State Bank of India, I. C. Colony, Borivali (West) branch.
iv. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing no. 36895256242
maintained with State Bank of India to bank account of applicant viz. Nitin
Ramkrishna Patil bearing no. 54000500240, IFSC Code-SBIN0013041
maintained with State Bank of India, I. C. Colony, Borivali (West) branch.
v. Concerned is hereby directed to complete the process of transfer the
amount of Rs.800/- from the bank account bearing no. 39940200001277
maintained with Bank of Baroda to bank account of applicant viz. Nitin
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Ramkrishna Patil bearing no. 54000500240, IFSC Code-SBIN0013041
maintained with State Bank of India, I. C. Colony, Borivali (West) branch.
vi. Concerned is hereby directed to complete the process of transfer the
amount of Rs.6,198/- from the bank account bearing no.
150053000046362 maintained with South Indian Bank to bank account of
applicant viz. Nitin Ramkrishna Patil bearing no. 54000500240, IFSC
Code-SBIN0013041 maintained with State Bank of India, I. C. Colony,
Borivali (West) branch.
vii. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 36,000/- from the bank account bearing no. 20307282535
maintained with State Bank of India to bank account of applicant viz. Nitin
Ramkrishna Patil bearing no. 54000500240, IFSC Code-SBIN0013041
maintained with State Bank of India, I. C. Colony, Borivali (West) branch.
viii. Applicant shall execute his indemnity bond of Rs. 1,20,000/-
(Rupees One lakh Twenty 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.
ix. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date :04.04.2025 17th Court, Borivali, Mumbai.
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