Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 769 N 2025 Shantha Vs State and ors.
CNR-MHMM18-014362-2025
ORDER BELOW EXH.1
1. The informant/applicant in C. R. No.315/2025 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.39,13,453/- 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.43,21,253/-. 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 the amounts credited
in the beneficiary accounts from the account of applicant is frozen.
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
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.
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Notice Case No. 769 N 2025 Shantha Vs State and ors.
CNR-MHMM18-014362-2025
b. The concerned Nodal Officers of the following banks/branches
are directed to defreeze and transfer the above amount in the account of
applicant Shantha Mohandas Madkaiker bearing Account
No.094100100000070 maintained with NKGSB Co-Op. Bank Ltd., having
it’s IFSC Code NKGS0000094 immediately.
BANK NAME IFSC ACCOUNT NO Amount to be
transferred
AU Bank AUBL0002521 2502252166850684 ₹ 40,105.68
HDFC Bank hdfc0001262 50200111067009 ₹ 20,133.50
State Bank of India SBIN0032394 55156756573 ₹ 2,717.35
HDFC Bank HDFC0007052 50100566052864 ₹ 4,497.41
Federal Bank FDRL0005556 55560101354030 ₹
13,50,000.00
Indian Overseas
Bank IOBA0000596 059602000005954 ₹ 1,39,387.92
Catholic Syrian Bank CSBK0000847 0847020000013 ₹
23,60,612.00
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
bond of Rs.40,00,000/- (Rupees Forty Lakhs only) before Respondent
No.1 by the applicant.
MUMBAI (GIRISH S. MANE)
DATE – 29.11.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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