BIRBAL ADIWASI Vs. STATE F M P

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioner has prayed for setting aside the impugned order Annexure P-1 dated 18.7.2013. It is prayed that the amount in question be given to the petitioner.

(2.) The petitioner is a member of Scheduled Tribe Community (Saharia). The petitioner's agricultural land was situated in village Gatwaya, District Shivpuri. The aforesaid land of petitioner was required for the purpose of extension of Madhav National Park, Shivpuri, which is a reserve wild life sanctuary. The petitioner's land was acquired by the State Government as per Land Acquisition Act. In lieu of acquisition, the petitioner was given Rs. ten lakhs as compensation which petitioner intended to use for rehabilitation. A cheque of Rs.10,00,000/- was given to the petitioner by the A.D.M. Shivpuri. It is contended by Shri Raju Sharma that petitioner is a rustic, poor and illiterate person, therefore, he was not acquainted with the procedure of opening the bank account. Therefore, in good faith, petitioner requested the accused Brijendra Gurjar to help him to open the bank account. It is contended that accused Brijendra Gurjar and his associate Rahul Jain obtained required documents from the petitioner for opening the account and it was opened by them in Syndicate Bank Branch, Shivpuri. After opening the account, the cheque of Rs.10,00,000/- aforesaid was deposited by the petitioner through accused Brijendra Gurjar in the aforesaid account. At the time of aforesaid process, the accused Brijendra Gurjar and Rahul Jain got petitioner's thumb impressions on certain papers. The petitioner put his thumb impression as desired by Brijendra Gurjar in good faith.

(3.) It is contended that after depositing the cheque, the accused Brijendra Gurjar and Rahul Jain told the petitioner that the amount of aforesaid cheque would be realized in 3-4 days and they will inform the date to the petitioner. The petitioner believed the said statement and when after waiting for a considerable long time, no information about the said amount is received by the petitioner, he again contacted the accused. They did not give any satisfactory reply. This create doubt in the mind of the petitioner and, therefore, he obtained duplicate pass book of his account and enquired about the said cheque of Rs.10,00,000/-. The bank informed that on 30.4.2013 the amount of Rs. 10,00,000/- has been transferred from petitioner's account to the account of Brijendra Gurjar and the said Gurjar has withdrawn the entire amount of Rs.10,00,000/-