Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010069-2024 C. C. No. 473/N/2024
Samar V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of amount of
I.30,000/- freezed by B.K.C. police (Cyber Crime Portal) complaint
acknowledgment No.31905240066414, registered under the provision
of Cyber Crime, lying with beneficiary/fraudster’s Bank of Baroda,
account No.33880100000057.
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
complaint, cancel cheque of Kotak Mahindra Bank, her PAN Card and
her Aadhar 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.30,000/- freezed by
B.K.C. police (Cyber Police Portal) complaint
No.31905240066414, registered under the provision
of Cyber Crime, lying with beneficiary/fraudster’s
bank account i.e. Bank of Baroda, account
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No.33880100000057 be credited in the victim/
applicant’s bank account mentioned in the application
i.e. Kotak Mahindra Bank account No.7711793009,
on furnishing indemnity bond of R.30,000/-.
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 her then she will
have to deposit the said amount in the court.
Mumbai
Date : 20/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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