Final Order 1

Order Details: Order
Pdf Text: 1
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 606 /N/2023. C.R. No.176/2023
Powai Police Station.
Goutam Venkatesh
R/o. A1102, Raheja Vistar,
Raheja Vihar, Chandivali,
Powai, Mumbai76. … Applicant.
V/s.
Sr. Inspector of Police,
(Powai Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
1. Read the application. Perused say of concerned police
station and say of Ld. A.P.P. Read the documents filed with the
application. Heard both sides.
2. This is an application filed by applicant for defreezing the
bank account and return of the amount of Rs.99,991/ (Rs.Ninetynine
Thousand Nine Hundred Ninety one only)
3. Case of the applicant is that on 01/03/2023 complainant
received message from H.D.F.C bank for updating PAN card to the bank
website link. But inadvartently, complainant updated his information to
another link and Rs.99,991/ (Rs.Ninetynine Thousand Nine Hundred
Ninety one only) deducted from his bank account. When he came to
know about it, he lodged the complaint to Cyber Crime and block his
bank account. During, the course of investigation amount of
Rs.99,991/ (Rs.Ninetynine Thousand Nine Hundred Ninety one only)
are recovered and seized vide seizure panchanama. The amount is still
lying with police station. On the complaint of the applicant the
investigating officer has freezed the bank account of accused hence, the
present application is filed for defreezing the bank account of accused
and to return that amount.
-- 1 of 3 --
2
4. The amount is still lying with Bank. No one has claimed
their ownership over that amount. The bank statements and other
documents shows that the applicant is entitled for that amount.
5. I.O filed his no objection for giving the cheated amount to
the applicant by defreezing the bank account. A.P.P has also no
objection for grant of the application. Therefore, primafacie applicant
has established his right over the amount to the tune of Rs.99,991/
(Rs.Ninetynine Thousand Nine Hundred Ninety one only) lying in the
Punjab National Bank, A/c. No1143100100001752.
6. Perusal of say filed by I.O shows that, an amount of
Rs.99,991/ (Rs.Ninetynine Thousand Nine Hundred Ninety one only)
is lying in said account. I.O and Ld. A.P.P have no objection to release
the amount. Therefore, I am of humble opinion that there is no hurdle
to grant prayer of the applicant. In this view of matter, I pass the
following order:
O R D E R
1 The application is allowed.
2. The Sr. PI of Sakinaka Police Station is directed to defreez the
bank account bearing no. A/c. No 1143100100001752 of
Punjab National Bank which was freezed in C.R. No176/2023
registered with Powai Police Station for the offences
punishable under sections 419, 420 of I.P.C 66 (C), 66 (D) of
I.T.Act on execution of indemnity bond of Rs.99,991/
(Rs.Ninetynine Thousand Nine Hundred Ninety one only) by
the applicant.
3. Punjab National Bank is directed to handover an amount of
Rs.99,991/ (Rs.Ninetynine Thousand Nine Hundred Ninety
-- 2 of 3 --
3
one only) to the applicant from the bank account bearing No.
1143100100001752 of Punjab National Bank with your
branch after receiving the request letter from Powai Police
Station for defreezing the account and transfer that amount in
the bank account of informant in the H.D.F.C Bank, A/c No.
03371140004825.
4. Punjab National Bank is at liberty to put concerned account
on hold for remaining amount lying in the concerned account
after handing over the amount as ordered above.
5. Investigating Officer is directed to submit indemnity bond
either alongwith chargesheet or final report.
Dated :31/03/2023.
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
-- 3 of 3 --