ABDUL RASHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard and perused the case diary.

(2.) A study of the material placed before me discloses that Moinuddin complainant had met with an accident, that Abdul Rashid applicant assisted him not only in his treatment but also in getting his accident claim finally adjudicated; that in order of help the orthopaedically handicapped Moinuddin, the applicant got a join account No. 8287 opened in his and Moinuddin name in anticipation of the receipt of the amount of claim which might be deposited therein; that accident claim amounting to Rs. 58849.00 was accepted and the amount was received through a cheque which was duly deposited through a cheque which was duly deposited by the applicant in the aforesaid joint account; that the applicant withdrew Rs. 30,000.00 on 22.7.99 and Rs. 28,500.00on 26.7.99 from the said joint account; that the applicant accounted for the amount in the following manner : <FRM>JUDGEMENT_83_LAWS(RAJ)9_1999_1.html</FRM>

(3.) The case of the prosecution is that the applicant did not return his money. On the other hand the case of the applicant is that not only did he account for the receipts and expenditure but also paid Rs. 49,000.00 to the complainant on 6.8.99 vide receipt of the even date in presence of Mohd. Hanif and Shakoor. Photo state copy of the said receipt was also produced before me.