Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-012080-2024 C. C. No. 579/N/2024
Bharat V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of amount of
I.25,000/- freezed by Santacruz police (Cyber Crime Portal) complaint
acknowledgment No.21903240022903/2024, registered under the
provision of Cyber Crime, lying with beneficiary/fraudster’s Bank as
follows...
Sr. No. Beneficiary’s Bank Account No.
1 ICICI Bank 671505601939
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 Copy of
complaint, Xerox Copy of Cancelled Cheque, Xerox Copy of his 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.25,000/- freezed by
Santacruz police (Cyber Crime Portal) complaint
acknowledgment No.21903240022903/2024, registered
under the provision of Cyber Crime, lying with
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beneficiary/fraudster’s Bank as follows...
Sr.
No.
Beneficiary’s
Bank
Account No. IFSC Code
1 ICICI Bank 671505601939 --
be credited in the victim/ applicant’s bank account
mentioned in the application i.e. Account
No.004010110012124 & IFSC Code as BKID0000040 of
Bank of India, in stead of
Account No.124801505088 &
IFSC Code as ICIC0001248 of ICICI Bank, on furnishing
indemnity bond of I.25,000/-.
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 : 09/12/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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