Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-009966-2024 C. C. No. 469/N/2024
Prathamesh V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of amount of
I.1,50,000/- freezed by Vakola police (Cyber Crime Portal) complaint
acknowledgment No.31905240075813, registered under the provision
of Cyber Crime, lying with beneficiary/fraudster’s bank account.
2. I.O. did not object to credit the freezed amount to the
applicant’s bank account from the account of beneficiary. Ld. A.P.P.
objected to release the amount, as it requires for trial.
3. Admittedly, freezed amount belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
bank transactions details, email by Cyber department, KYC documents,
his Aadhar Card and PAN Card. Application is well supported by
affidavit of applicant. Custody of the freezed amount is not required for
further investigation.
4. In such circumstances, no good purpose would serve
keeping the said freezed amount further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the freezed amount. In the result, following order is
passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.1,50,000/- freezed
by Vakola police (Cyber Police Portal) complaint
No.31905240075813, registered under the provision
of Cyber Crime, lying with beneficiary/fraudster’s
bank account be credited in the victim/applicant’s
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bank account mentioned in the application i.e. Canara
Bank & Kotak Bank, on furnishing indemnity bond of
R.1,50,000/-.
3. The Investigating Officer is directed to draw
panchmana and produce the same with indemnity
bond of applicant alongwith the 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 by him then he will
have to deposit the said amount in the court.
Mumbai
Date : 05/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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