Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 705 N 2025 Rosita Vs State and ors.
CNR-MHMM18-013230-2025
ORDER BELOW EXH.1
1. The informant/applicant in C. R. No.266/2025 registered with
West Regional Cyber Police Station, B.K.C., Mumbai has filed this
application to defreeze the accounts of beneficiaries and credit the
amount Rs.51,303.58/- to her account. Perused application, say of Cyber
Police Station (West Division), Mumbai and Ld. A.P.P. Heard Ld.
Advocate for applicant and Ld. A.P.P.
2. It is alleged that the accused have deceived the informant to
deposit Rs.1,54,67,200/-. Said amount is debited from her account and
credited to the different accounts. However, the accused have cheated
the informant. The amount was debited from the account of applicant.
The applicant realized the fraud. Hence, she has registered the F.I.R. at
Cyber Police Station (West Division). Immediately Rs.51,303.58/- out of
the amounts credited in the beneficiary accounts from the account of
applicant is frozen. Bank of Baroda and Axis Bank and Ld. Advocate for
applicant have filed reply and application and submitted that the
applicant has received Rs.1,000/- and Rs.2,935/- from Bank of Baroda
and Axis Bank respectively after filing of application for return of
property.
3. Till date the accused is not traced out. Ld. A.P.P. has submitted
that the police could not trace out the accused. The concerned police
has no objection to transfer the freeze amount to the account of
applicant. Ld. A.P.P. has no objection. Except applicant, no one has
claimed the freeze amount. The applicant is in need of money. If said
amount is not released, it will remain unused and the applicant and her
family will suffer irreparable loss. Said amount can be released in favour
of applicant on a condition to execute the Indemnity Bond by her to
deposit the said amount as and when required by this court. Hence, I am
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Notice Case No. 705 N 2025 Rosita Vs State and ors.
CNR-MHMM18-013230-2025
of the view that the applicant is entitled to get the above freeze amount.
Accordingly, I proceed to pass the following order -
ORDER
a. The application is allowed.
b. The concerned Nodal Officers of the following banks/branches
are directed to defreeze and transfer the above amount in the account of
applicant Rosita Alphonso Fernandes bearing Account
No.05011140005886 maintained with HDFC Bank, having it’s IFSC Code
HDFC0000501 immediately.
Bank Name Account No. IFSC Amount to
be
transferred
IDFC First Bank 10238270916 IDFB0060623 769
Kotak Mahindra Bank 4650931585 KKBK0006593 20000
Indian Overseas Bank 0662010000082
02
IOBA0000662 20000
State Bank of India 42246488450p SBIN0040543 500
Punjab National Bank
(including Oriental
Bank of Commerce
and United Bank of
India)
4757001700128
987
PUNB000000
1
1517
IndusInd Bank 100271488504 INDB0000396 807.19
State Bank of India 32183802338 SBIN0060019 689.01
Axis Bank 9190100048325
13
UTIB0002934 637.15
HDFC Bank 5010044181567
0
hdfc0004797 1450
State Bank of India 20175875893 SBIN0016011 999.23
c. The concerned Investigating Officer shall also brought the
above order to the notice of concerned banks and request them to
transfer the amounts lying in those accounts, in an account maintained
by the applicant mentioned in the application, after executing indemnity
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Notice Case No. 705 N 2025 Rosita Vs State and ors.
CNR-MHMM18-013230-2025
bond of Rs.48,000/- (Rupees Forty Eight Thousand only) before
Respondent No.1 by the applicant.
MUMBAI (GIRISH S. MANE)
DATE – 29.01.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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