Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 182/N/2020
Chandrakant V/s. Santacruz P. Stn.
ORDER BELOW EXH.1
1. Applicant viz. Chandrakant Ramchand Jagasia has filed the
present application for returning property i.e. I2,07,300/- which is hold by
B.K.C. police station in connection with the C. R. No.225/2019. According
to the applicant the said amount is lying in the account of accused/
respondent No.2, which is duppted to the tune of I2,07,300/- by cheating.
The said amount is hold by B.K.C. police. It is further contended that, the
previous application bearing No.783/2019 has been not pressed by him
due to some technical defect. Lastly, the applicant prayed that application
be allowed and Investigating Officer be directed to handover the frozen
amount lying in the account of accused/respondent No.2.
2. Investigating Officer has filed his say and given no objection to
handover the said amount to the applicant.
3. Despite of service of notice to the respondent No.2/accused
failed to appear. Therefore, the proceeding is proceeded exparte against
him. The respondent No.3 Union Bank of India has filed its say and
contended that, the bank is unable to process or to release disputed
balance amount till further instruction given by this court and amount will
be deposited in the Hon’ble Court.
4. I have heard elaborated arguments of Ld. Advocate Shri
Vazran for the applicant and Ld. APP Shri Joshi for the state. The C. R.
No.225/2019 came to be registered against respondent No.2/ accused
under section 420 etc. of I.P.C. During investigation the Investigating
Officer has requested to UBI, branch Jogeshwari to hold amount to the
extent of I2,07,300/- lying in the account No.686702010003477. The
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F.I.R. discloses that the said amount has been transferred by informant, as
per the inducement of the accused / respondent No.2. Therefore, I am in
the opinion that, the said amount can be given to informant by imposing
certain conditions. No prupose would be served by holding said amount for
uncertain period. Hence, I proceed to pass following order.
ORDER
1. The application is allowed.
2. Investigating Officer or Sr. P.I. of B.K.C. police station is
hereby directed that, he shall defreezed the amount lying
in the account of accused/respondent No.2 bearing
account No.686702010003477of the Union Bank of India,
branch Jogeshwari, Mumbai.
3 The applicant shall furnish indemnity bond of I2,10,000/-
before Sr. P.I. of B.K.C. police station and also filed the
undertaking that if at the end of trial the court comes to
the conclusion that, the applicant is not entitled to receive
the said amount then he will refund the same.
4. The Sr. P.I. of B.K.C. police station is directed to draw
panchnama of the said amount and same be filed
alognwith indemnity bond and undertaking of the
applicant, in the chargesheet.
Mumbai
Date : 04/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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Dictated on :- 04/04/2024.
Transcribed on :- 04/04/2024.
Checked on :- 06/04/2024.
Signed on :- 06/04/2024.
SRD
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