Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 115 Misc 2025 L & T Constructions Vs Cyber P.S.
CNR-MHMM18-001883-2025
ORDER BELOW EXH.1
1. Perused record. Perused say filed by respondent police station.
Heard Ld. Advocate for the applicant and Ld. A.P.P.
2. The brief facts leading to filing of this application by applicant
company, can be summarized in a sense that on the basis of report lodged
by informant Mr. Arvind Mohanlal Kothari, the crime was registered with
respondent police station, at C. R. No.0308 of 2024, for offences
punishable under Sections 318(4), etc. of Bharatiya Nyaya Sanhita 2023,
and other provisions of Information Technology Act. It is alleged that
informant responded to the investment offer made on internet and
unknown persons defrauded him for an amount of Rs.53,62,498/-.
Informant also lodged report with Cyber Crime Reporting Portal, through
it’s phone number 1903.
In response to said complaint certain accounts were frozen wherein
certain amounts received by fraudsters were transferred. One of such
amount, i.e. an amount of Rs.2,50,000/- was found to be transferred into
the account of present applicant, along with other amounts, bearing
account No.3513327985, maintained with Kotak Mahindra Bank Ltd., M.
G. Road Branch, Bengaluru – 560 001, IFSC Code – KKBK0008066.
After registration of the crime the Investigating Officer of the
present crime filed application bearing I.W.No.991/2024 dated
05.12.2024, and prayed for transfer of the several amounts seized by him
or during investigation in respect of the present matter, including an
amount of Rs.2,50,000/-, mentioned above, which is transferred into the
account of applicant. The application was allowed by this court vide it’s
order dated 09.12.2024.
The present applicant, came to know about this order and
approached this court contending that the amount transferred, as
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C. C. No. 115 Misc 2025 L & T Constructions Vs Cyber P.S.
CNR-MHMM18-001883-2025
mentioned above is not at all concerned with the amount of disputed
fraud. Therefore, applicant by way of this order sought directive to revoke
the mandate issued by the above order to transfer the above amount into
the account of informant, mainly on the ground that amount is not at all
connected with the alleged fraud and order passed without hearing the
applicant.
3. The say of the responded police station was called. The specific
query was made with both the parties to produce the documentary
evidence, in respect of the source of amount, from which it is transferred
to the account of applicant.
4. Applicant filed on record it’s account statement along with various
receipts, from which it can be said that the applicant being company,
received this amount towards purchase order of hydraulic pumps. The
responded police station also filed the account statement and flow chart,
showing that the amount obtained from informant’s account, after passing
through several accounts reached/transferred to the account of applicant.
The submissions of both the parties are in tune with these documents.
5. From the document and account statement produced by the
respondent police station, there found remote connection between the
account of the applicant company and the amount transferred through the
account of informant. However, against it there is clear record/documents
pertaining to transactions produced by the applicant showing that the
amount has been received by the applicant is part of total amount of
Rs.6,93,486/- towards purchase order of hydraulic pumps and not from
the account of informant. So also order is passed without hearing the
applicant. Considering this fact and the documentary record produced by
the applicant, it can be said that there is substance in the application and
prayer needs to be allowed.
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C. C. No. 115 Misc 2025 L & T Constructions Vs Cyber P.S.
CNR-MHMM18-001883-2025
6. Accordingly, following order -
ORDER
A. The lien of an amount of Rs.2,50,000/- put on the operation of
account of applicant company L & T Construction Equipment Limited,
on it’s account bearing No.3513327985, maintained with Kotak Mahindra
Bank Ltd., M. G. Road Branch, Bengaluru – 560 001, IFSC Code –
KKBK0008066, is withdrawn.
B. The Investigating Officer, of C. R. No.308 of 2024, registered with
responded police station, is directed to inform the concerned Nodal
Officer of the Bank and requesting to remove the lien as ordered.
C. Copy of this order shall be sent to concerned police station for
further compliance.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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