Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C.C.NO. 64/N/2026
ORDER BELOW NOTICE NO. 64/N/2026 IN ONLINE
FINANCIAL FRAUD OF BHANDUP POLICE STATION
1. This is an application filed by the applicant
Mr. Rajan S. Vannyar S/o. Sokkalingam Vannyar under
section 503 of BNSS for transferring the amount of
online fraud in the bank account of applicant.
2. Perused the application, say of Investigating
Officer, Ld. APP. It seems that applicant was cheated by
unknown person to the tune of Rs. 33,800/-.
3. The amount of Rs. 33,800/- has been recovered
by the concerned police from beneficiaries of the crime
and the said amount also came to be freezed which is in
credit of account of beneficiaries.
4. Now, the applicant has come with the case that
the amount which has been credited to the account of
beneficiary from his account while committing offence of
cheating via online activity and the same shall be
transferred to the account of informant because he is
only rightful claimant of the property i.e. amount seized
under section 102 of Cr. P. C. by the police.
5. The investigating officer has filed his reply
and it is contended that the amount of Rs. 33,800/- has
been freezed as per section 102 of Cr. P. C. The
investigating Officer has given his no objection on
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transferring the amount of cyber fraud in favour of the
informant.
6. It is well settled that the bank account is a
property under section 102 of Cr. P. C. and same can be
seized by the police during the investigation. In support
of this contention, reliance is placed on the authority in
the case of State of Maharashtra Vs. Tapas D. Neogy,
(1999) 7 Supreme Court Cases 685.
7. In this context, I may mention that the
compliance of section 102(3) is necessary at the instance
of police. I find that the police have immediately freezed
the account of beneficiaries of the cyber fraud/ cheating.
8. Section 503 of BNSS empowers this court to
release the amount of the cyber crime in favour of the
informant when it is prima facie proved that the amount
which is in credit of account of accused / beneficiary is
amount of the informant.
9. So far as the rights of beneficiaries and
prejudice to rights of accused upon delivery of amount to
the informant is concerned, I find that same can be safe
guarded by directing the informant to execute indemnity
bond of Rs. 33,800/-.
10. In view of the law laid in the case of Tista
Setlewad by the Hon’ble Apex Court, the bank account
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need not be only of accused, but it can be any account
creating suspicion about the commission of offence. So
the instant case has been covered by the law laid down in
the case of Tista Setlewad. So, I find that the informant
can not be deprived from huge amount i.e. Rs. 33,800/-
merely on the ground that investigation is going on and
the beneficiaries as well as accused are not traced out.
It is very difficult to unfold the cyber crime as well as
tracing out the accused. But, police any how succeeded
in recovering the amount of cyber fraud by freezing
account. So, I find that the power under section 503 of
B.N.S.S. can be invoked in this case to release the
amount in favour of the informant. In the the result,
following order is passed.
ORDER
1) Application is allowed.
2) Branch Manager of the respective Bank of
beneficiaries which is mentioned in the application is
directed to release the amount of Rs. 33,800/- cyber
fraud in favour of the informant Mr. Rajan S. Vannyar
S/o. Sokkalingam Vannyar in accordance with the
guidelines issued by Reserve Bank of India as well as
from his bank.
3) The informant shall furnish the indemnity bond
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of Rs. 33,800/- before Police Station Officer.
4) The informant also undertake that he will
deposit amount received by him, as and when directed by
this court in future.
5) The informant to furnish his Pan Card, Aadhar
card as well as details of his address before the police
officer.
6) Intimate this order to the police station officer
for compliance.
7) Copy of say of police dtd. 03.08.2026 as well as
application be treated as part and parcel of the order for
understanding of bank account and the amount required
to be credited from each account of the beneficiary.
Date : 11/08/2026 (N. G. Vyas)
Judicial Magistrate (First Class),
53rd Court, Mulund, Mumbai
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