Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 532/N/2023
Ramila V/s. Santacruz P. Stn.
ORDER BELOW EXH.1
1. Applicant has filed the present application for return of
property i.e. amount in respective banks are as follows :
Sr.
No.
Bank details of
Complainant
Bank details of
accused
Transaction
ID
Date Amount
(I)
1 SBI A/c. No.
39560890777
SBI A/c.
No.20429432209
(IFSC Code
SBIN0014309)
322160235222 22/08/2023 40,000/-
2 SBI A/c. No.
39560890777
SBI A/c.
No.37275052702
(IFSC Code
SBIN0011392)
322517768456 22/08/2023 1,42,148/-
3 SBI A/c. No.
39560890777
SBI A/c.
No.37743430649
321984932779 22/08/2023 56,800/-
4 Union Bank of India A/c.
No. 520101018696445
YES Bank A/c.
No.1282633000003
82 (IFSC Code
YESB0001282)
322112041340 22/08/2023 20,000/-
5 Union Bank of India A/c.
No. 520101018696445
YES Bank A/c.
No.1112633000017
03
322013831108 22/08/2023 10,000/-
2. Accordingly, notice to respondent has been issued and say of
Investigating Officer and Ld. APP has been called out.
3. I.O. has given no objection to return the seized cash amount to
the applicant, however, he stated different amount has been already
transacted.
4. Ld. APP raised objection to release the seized muddemal.
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5. Admittedly seized cash amount belongs to the applicant. The
contention of the applicant is well supported by her affidavit. Applicant in
support of her contention has produced xerox copies of FIR and her
Aadhar Card and all bank details wherein transaction has been made out
by the accused. There is no rival claim by any person in respect of the
seized cash amount. Custody of the 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
seized cash amount. In the result, following order is passed :-
ORDER
1. The application is partly allowed.
2. The custody of cash amount seized, as mentioned below ..
Sr.
No.
Bank details of
Complainant
Bank details of
accused
Transaction
ID
Date Amount
(I)
1 SBI A/c. No.
39560890777
SBI A/c.
No.20429432209
(IFSC Code
SBIN0014309)
322160235222 22/08/2023 40,000/-
2 SBI A/c. No.
39560890777
SBI A/c.
No.37275052702
(IFSC Code
SBIN0011392)
322517768456 22/08/2023 24,988/-
Seized in the crime by Santacruz Police Station in C. R.
No.675/2023 registered under section 419, 420 of I.P.C. r/w.
66 (C) and 66 (D) of IT Act, be returned to the applicant on
furnishing indemnity bond of R.65,000/-.
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C. C. No. 532/N/2023
Ramila V/s. Santacruz P. Stn.
ORDER BELOW EXH.1
3. The Investigating Officer is directed to draw panchmana of
the seized 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 : 10/01/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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