JITENDRA TOMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of the present C482 application, applicant has put to challenge the impugned judgment and order dtd. 18/11/2021 passed by learned Sessions Judge, Udham Singh Nagar in Criminal Revision No.08 of 2021, Jitendra Tomar Vs. State, whereby, the said revision was dismissed and further to direct the concerned Court to release the amount of R.s99,995/-from the accounts of accused (Bank-Kotak Mahindra Bank, Account No.9014106180 and 8113512625) to the account of applicant (Bank-State Bank of India, Account No.11084430149, IFSC-SBIN0015051).

(3.) The facts in nutshell are that on 18/4/2020, through online fraud the accused namely Rahul Mishra @ Vicky and Tarik Khan snared the applicant and got transferred an amount of Rs.99,995.00 to PAYTM registered with Mob. No.9205736309. The applicant for the aforesaid online fraud registered a complaint in Cyber Crime Department and it verified the aforesaid transaction and online fraud. After due verification by the Cyber Crime Department, applicant lodged an FIR No.281 of 2020 dtd. 22/5/2020 at P.S. Rudrapur, District Udham Singh Nagar under Sec. 420 of IPC and Sec. 66D of the Information Technology Act. During investigation, it was found that the aforesaid amount was transferred from the applicant's bank to the bank account of accused, therefore, the bank accounts of accused were seized by the Bank on the direction of the police.