Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 180/N/2020
Order below application for return of property
1. This is an application vide section 451 Cr.P.C. for interim custody of Demand
Draft No.057975 drawn in the name of Sakshi Sachin Salvi of Canara Bank for Rs.77,000/,
which has been seized by Khar police station.
2. Applicant has filed affidavit, copy of FIR and Aadhar Card.
3. The crime has been registered on the information of the informant, when she
has been allegedly cheated by the accused through one airport agent by sending messages
on her phone, thereby induced her to transfer an amount of Rs.1,97,000/, which has been
transferred in UCO Bank, Account NameAthsang Yimchunger, an account
No.08990110084458, IFSC Code UCBA000899, Branch Kohima, IDBI Bank, Name
Ramanpreet Kaur, Account No.2008104000023320, IFSC Code – IBKL0000003. Branch
Chandigarh and CANARA Bank, NameSuman Sunar, A/c No.4077101001610 IFSC
CNRB0004077. As such, the account of CANARA Bank has been immediately freezed. The
amount transferred on the said account was called back by the investigating officer. In
consequence thereof, the concern bank issued demand draft of said amount in the name of
informant.
4. The informant has sought custody of said D.D. The investigating officer has
no objection. The Ld. APP filed her say and submitted that kindly impose conditions upon
applicant to produce it as and when required and I.O. my directed to obtain copies of said
D.D., prepare panchanama and submit alongwith chargesheet.
5. Having heard both sides at length, it can be seen that the amount involved
in the offence is Rs.77,000/ which was transferred by the informant on the inducement of
fabricated messages. Said amount being transferred in an account, the investigating
officer wrote a letter to the bank
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to freeze the amount and to return said amount for investigation. The informant is seeking
custody of demand draft to withdraw said returned through demand draft, the
documentary evidence in the form of account extract and copies of demand draft can be
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used in evidence for identification of transfer of amount. No purpose would suffice by
keeping pending the demand draft. Same would cause loss to the informant. Therefore
no impediment found to allow the application. Hence, following order :
O R D E R
i) The seized Demand Draft No.057975 drawn in the name of Sakshi Sachin Salvi of
Canara Bank for Rs.77,000/ be handed over to the applicant, subject to furnishing
Indemnity bond of Rs.77,000/ (Rs. Seventy Seven Thousand Only).
ii) The applicant is at liberty to honour the demand draft and to withdraw the
amount.
iii) Applicant shall undertake to return and to deposit cash as and when called by the
court.
iv) Investigation Officer shall obtain the copies of said demand draft with the
counter signature of informant, for identification in future.
v) The investigating officer shall obtain the relevant account extract and the bank
slips showing transfer of amount and its withdrawal from the bank alongwith
certificate under Bankers Book Evidence Act.
vi) Copy to the concerned police station for compliance of this order.
( Sudhir N. Shinde )
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
Dt.13.03.2020 I/c. A.C.M.M. 9th Court, Bandra, Mumbai.
Kkg
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