Final Order 1

Order Details: Copy of Order
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IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
26TH COURT, BORIVALI, MUMBAI.
Case No. 1706/N/2024
Borivali Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY.
The present application is filed by the applicant viz. Ms.
Sheetal Ashok Waghela for de-freezing the bank account of accused and
transferring the said de-freezed amount in her bank account. It is her
contention that she has been cheated by the accused for an amount of
Rs. 6,10,000/- and out of the said cheated amount, an amount of Rs.
1,22,855/- has been freezed by the police. It is her further contention
that she is an absolute owner of the said amount which has been
freezed by the police and, therefore, she is entitle to receive the said
freezed amount.
2. Say of I.O., APP and concerned bank was called.
3. Ld. APP failed to file his say. I.O. filed say stating that he
has no objection if the said freezed amount is returned to the applicant
by imposing certain terms and conditions. Axis Bank filed its say and
given its no objection. Other banks failed to file their say.
4. I have gone through the application and say filed by Axis
bank and I.O. I.O. has given no objection to return the freezed amount
to the applicant by imposing certain terms and conditions. Prima facie
applicant seems to be the owner of the freezed amount. Hence,
considering the facts and circumstances, I proceed to pass the following
order:-
O r d e r
i. Application is hereby allowed.
ii. The applicant is entitle to receive the amount which has been
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freezed by the police and which is lying in the account of the accused.
iii. The Bank Managers of the concerned banks are hereby directed
to defreeze the amount to the extent of Rs. 1,22,855/- which has been
freezed by police and transfer the said amount in the bank account of
the applicant.
iv. The applicant to provide details of her bank account to the
concerned bank, wherein, the said amount is to be credited.
v. The applicant shall execute Supurtanama bond of Rs. 1,50,000/-
(Rupees One Lakh Fifty Thousand Only) before P.I. of concerned police
station.
vi. I.O. to file Supurtnama bond along with charge-sheet.
vii. The applicant to co-operate in investigation and to produce
necessary documents at the time of hearing of case and also before I.O.
Date:- 13.02.2025 ( S. M. Patil )
aaw Judicial Magistrate (First Class),
26th Court, Borivali, Mumbai.
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