RAJENDRA KUMAR Vs. STATE BANK OF SAURASHTRA

JUDGEMENT

(1.) THESE appeals are directed against the judgment and decree passed by the learned District Judge, Indore in Civil Suit No. 13 -A/69, whereby the trial Judge was pleased to decree the suit of declaration that the 61 currency notes, which were seized by the Authorities as Muddemal, declared to be belonging to the appellant of Appeal No. 85/82 and against the appellant of Appeal No. 74/82.

(2.) THE facts shortly stated are that the currency notes of 1000/ - rupees denomination worth Rs. 61,000/ - wee seized with respect to an offence, in which the respondents Nos. 1 and 2 of Appeal No. 85 of 1982 and the Appellants of Misc. Appeal. No. 74/82, complained that they were cheated in the name of making those notes double by the accused, who is not named in the proceedings. The question arose only after the investigation of the complaint filed by the aforesaid two respondents, the Authorities found that the currency notes, which the respondents complain of having been cheated, were found from the custody of the appellant Surashtra Bank. They were produced before the appropriate Court during the trial of the said offence. The trial seems to have been terminated and the question of disposal of the said currency notes, which were Muddemal arose. The Magistrate seems to have directed the parties to get the same decided before the Civil Court and, therefore, the present suit.

(3.) ON pleadings, the trial Court framed issues and held that the appellant State Bank of Saurashtra is entitled to receive the disputed currency notes which were 61 in number. It is held that the appellant Bank of Saurashtra had no knowledge or suspicion about the involvement of the said currency notes into the commission of any offence and, therefore, it held that the appellant Bank was entitled for the same.