Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 120/N/2024
Amit V/s. BKC P. Stn.
ORDER BELOW EXH.1
1. Applicant viz. Amit Ramesh Chandra Laddha has filed the
present application for defreezing her bank accounts are as follows,
Sr. No. Bank Name. Account No. Freez Amount Claiming
Amount
1 Yes Bank. 13818400000015 74,415/- 20,000/-
2 ICICI Bank. 734905500207 21,25,918,/- 5,00,000/-
3 Indusind Bank 259253034396 39,06,450/- 92,246/-
4 Indusind Bank 258750980869 44,05,016.72 65,972/-
5 Punjab National Bank 4078002100210490 1,16,971/- 65,972/-
2. Accordingly, notice to respondent has been issued and say of
Investigating Officer and Ld. A.P.P. has been called out.
3. I.O. has given no objection to return the freezed cash amount
to the applicant.
4. Ld. A.P.P. raised objection to release the freezed muddemal.
5. Admittedly freezed cash amount belongs to the applicant. The
contention of the applicant is well supported by his affidavit. Applicant in
support of his contention has produced xerox copies of F.I.R. and his
Aadhar Card and all bank details, wherein transaction has been made out.
There is no rival claim by any person in respect of the freezed cash
amount. Custody of the alleged cash amount is not required for further
investigation. In such circumstances, no good purpose would serve keeping
the said cash amount further in custody. Applicant is entitled to receive the
freezed cash amount. In the result, following order is passed :-
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ORDER
1. The application is allowed.
2. The custody of cash amount, as mentioned below ..
Sr. No. Bank Name. Account No. Freez Amount
1 Yes Bank. 13818400000015 74,415/-
2 ICICI Bank. 734905500207 21,25,918,/-
3 Indusind Bank 259253034396 39,06,450/-
4 Indusind Bank 258750980869 44,05,016.72
5 Punjab National Bank 4078002100210490 1,16,971/-
freezed in the crime by BKC Police Station in C. R.
No.162/2024 registered punishable under section 419, 420 of
I.P.C. r/w. 66 (C) (D) Of I. T. Act, be defreezed and it be
returned to the applicant on furnishing indemnity bond of
R.7,50,000/-.
3. The Investigating Officer is directed to draw panchnama of
the said amount and produce the same with indemnity bond
of applicant along with final report.
4. The applicant shall submit undertaking that, in case court
concluded at the end of trial that, the said amount is not
entitled to receive then he will have to deposit the said
amount in the court.
Mumbai
Date : 06/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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