Final Order 1

Order Details: Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 2844/N/2022. C.R. No.519/2021
Powai Police Station.
Mr.Cyrus Jehangir Dadachanji
R/o. 409/C Wing Sunshine,
Raheja Vihar Complex, Powai,
Sakinaka, Mumbai. .. Applicant/Complainant
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. APP. 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.4,01,111/ (Rs. Four Lacs
One Thousand One Hundred Eleven only)
3. Case of the applicant is that the applicant ordered online
liquor by scanning one Q.R code which was given by accused. Then
accused asked applicant for registeration of card for that purpose he
want debit card number and some amount. As per instruction of
accused complainant/applicant gave details of his debit card, made on
line payment of Rs.29,841/ & O.T.P number to him. On the pretext of
some technical issue of Debit card and refunding amount, he again
asked another credit card to the informant and payment of some
amount. This time applicant also given his another credit card number
and made payment of some amount. Step by step applicant made
payment of huge amount. Then applicant came to know that huge
amount i.e 5,82,019/ was debited from his bank account and he is
being cheated at the hands of accused. The amount Rs.4,01,111/ (Rs.
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Four Lacs One Thousand One Hundred Eleven only) is still lying with
the accused. 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.
4. The amount is still lying with IDBI Bank. No one has
claimed their ownership over the amount. The bank statements and
other documents shows that the applicant is entitled for 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 Rs.4,01,111/ (Rs.
Four Lacs One Thousand One Hundred Eleven only) lying in the bank
account bearing No.0298104000212465 of IDBI Bank.
6. Perusal of say filed by I.O shows that, an amount of
Rs.4,01,111/ (Rs. Four Lacs One Thousand One Hundred Eleven 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 Powai Police Station is directed to defreez the
bank account bearing 0298104000212465 of IDBI Bank,
Bharatpur, Rajasthan which was freezed in C.R. No.519/2021
registered with Powai Police Station for the offences
punishable under sections 419, 420 of I.P.C and Section 66
(C) (D) of Information Technology Act on execution of
indemnity bond of Rs.4,01,111/ (Rs. Four Lacs One Thousand
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One Hundred Eleven only) by the applicant.
3. IDBI Bank is directed to handover an amount of Rs.4,01,111/
(Rs. Four Lacs One Thousand One Hundred Eleven only) to
the applicant from the bank account bearing no.
0298104000212465 of IDBI 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 Hongkong & Shanghai Banking
Corporation (H.S.B.C) Bank, Fort Branch, Bank A/c No.002
147197006, IFSC Code HSBC01INDIA.
4. IDBI 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 :10/01/2023.
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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