Final Order 1

Pdf Text: Notice No. : 199/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 199/N/2018. Amboli Police Station.
S. Mukundhan.
(Director/CFO of M/s. Fulcrum Worldwide
Software Solutions Pvt. Ltd.)
… Applicant.
V/s.
1
2
3
The Nodal Officer/ Manager Axis Bank
Laxmi Industrial Estate, Andheri (W),
Mumbai.
The State of Maharashtra
Through Cyber Crime Cell (BKC).
The State of Maharashtra
Through Amboli police station.
...Respondents.
Order below Exh.1
Applicant have filed the present application seeking the
interim custody of cash vested with bank i.e. bank account No.
916010010890018, Okhla Branch UTIb0001103 for which account
holder is accused viz. M. D. Amir and same has been freezed by
Cyber Crime Cell in connection with complaint. Applicant is
complainant. It is contended by applicant that, he is lawful owner of
said muddemal. He is not indulged in the commission of offence and
therefore, prayed for the custody of the said muddemal.
2. Briefly it is contention of applicant that,
On 23/06/2016, applicant has received mail from his
then Director Mr. Rajesh Sinha, to transfer `.3,50,000/ ( `.Three Lacs
Fifty Thousand Only) in the account of M. D. Amir bearing S. B.
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Notice No. : 199/N/2018. ~2~
Account No. 916010010890018, Okhla Branch, UTIb0001103.
Hence, applicant transferred the said amount in the above mentioned
account. At that time Mr. Rajesh Sinha was in USA, hence, due to
time difference he could not verify the authenticity of the said mail
on phone.
On 24/06/2016 applicant asked Mr. Sinha about said mail and
transferred of `.3,50,000/ ( `.Three Lacs Fifty Thousand Only) in the
account of M. D. Amir. At that time, his director said that, the said
mail was not sent by him and no any instructions about transfer of
fund has been given by him. Thus, applicant realized that, somebody
has apoofed Mr. Rajesh Sinhas email id and sent him a spurious mail
to transfer `.3,50,000/ ( `.Three Lacs Fifty Thousand Only) in the
account of M. D. Amir.
After knowing the fact applicant immediately wrote letter to
Branch Head of Axis bank, Laxmi Industrial Estate Branch to freeze
the account of Mr. M. D. Amir and also lodged complaint with Cyber
Crime Cell, at BKC. To that effect, Cyber Crime Cell has forwarded
letter to the Nodal Officer of Axis Bank to stop debit, freeze the
account of Mr. M. D. Amir and instructed to reversal of said amount
in the account of S. Mukundhan.
Before freezing account of Mr. M. D. Amir unknown
person/accused withdrew amount of `.1,00,000/ ¼`.One Lac Only½
and `.2,50,000/ ( `.Two Lacs Fifty Thousand Only) was still available
in that account, which is belongs to Company of applicant.
3. During investigation it was transpired that, applicant
has deposited `.3,50,000/ ( `.Three Lacs Fifty Thousand Only) in
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Notice No. : 199/N/2018. ~3~
the account of Mr. M. D. Amir bearing S. B. Account No.
916010010890018, Okhla Branch, UTIb0001103 and police had
frozen the said bank account. Applicant further states that, amount
of `.2,50,000/ (`.Two Lacs and Fifty Thousand Only) is lying in the
said bank account belongs to the applicant's company and he has
documents to support his claim. Therefore, applicant is entitled to
claim the said amount. Hence, he prayed to defreeze the above
mentioned bank account.
4. Investigation Officer have filed his say. He have no
objection to defreeze the bank account bearing S. B. Account No.
916010010890018, Okhla Branch, UTIb0001103 for amount of
`.2,50,000/ ( `.Two Lacs and Fifty Thousand Only), if concern police
station who has frozen said bank account have no objection. It is at
(Exh.4 ).
5. (Exh.3 ) is letter issued by Axis bank on 15032018 and
thereby ready to obey the order of Court, for the remittance of funds
to applicant.
6. In support of application applicant have filed his affidavit
on record. It is at (Exh.3 ). In support of the application applicant
have filed various documents on record. Those are Copy of authority
to applicant by his company, Copy of PAN Card of applicant, Copies
of email dtd.24/06/2016 from Rajesh Sinha to S. Mukundhan, Copy
of intimation letter to Axis bank, Laxmi Industrial Estate Branch
subject to hacking of Mr. Rajesh Sinha's account, Copy of letter
dtd.24/06/2016 to Asst. Commissioner of Police, Cyber Crime Branch
BKC subject to Hacking of email account of CEO of Fulcrurn, Copy of
summary details, Copy of email dtd.18/01/2018 from S. Mukundhan
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Notice No. : 199/N/2018. ~4~
to Nodal Officer of Axis bank, Copy of email dtd.18/01/2018 from
Nodal Officer of Axis bank, to S. Mukundhan, Copy of letter
dtd.24/11/2016 by Sr. PI of Amboli police to S. Mukundhan.
7. Heard Ld. Advocate Mr. Swapnil N. Inamdar for
applicant.
8. Perusal of the record. Investigation Officer have filed his
say, having no objection to defreeze the amount of `.2,43,457/
(`.Two Lacs Fortythree Thousand Four Hundred and Fifty Seven
Only) vested with bank i.e. bank account No.916010010890018 ,
Okhla Branch UTIb0001103 for which account holder is accused viz.
M. D. Amir.
9. As per say of Investigation Officer applicant is legal
authorized person of alleged amount lying in above mentioned bank
account. Documents i.e. copy of bank statement shows that,
applicant have deposited amount in account No.916010010890018 ,
Okhla Branch UTIb0001103 for which account holder is accused viz.
M. D. Amir. Hence, it is just and proper to allow investigating
machinery to defreeze the bank account and draw seizure
panchnama of the alleged amount.
10. In the present case, Investigation Officer, have not
reported, seizure, as per section 102 (3) of Criminal Procedure Code.
Applicant/informant is seems to be legal person, who can claim
property freezed by Investigation Officer. Hence, I pass following
order.
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Notice No. : 199/N/2018. ~5~
ORDER
1 Investigation Officer of Amboli police station, is hereby
directed to Defreez the bank account of accused viz. M.
D. Amir i.e. bank account No.916010010890018 , Okhla
Branch UTIb0001103, freezed by him during
investigation.
2 Respondent / Bank is hereby directed not to release the
freezed amount in favour of third person, except
applicant viz. S. Mukundhan.
3 Copy to the concern police station for compliance of this
order.
Date :15/03/2018.
SRD
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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