CUTTACK: The Orissa High Court has held that returning money, especially when it was received mistakenly or unfairly, not only demonstrates honesty but also a sense of ethical responsibility.
“In legal and moral context, such action strengthens trust and shows that the person has no intention of wrongful gain. Even in Bhagavad Gita, it is said the realisation of guilt followed by sincere repentance and devotion leads to redemption and peace,” Justice Sibo Sankar Mishra observed recently while quashing a cheating charge registered in a case of mistaken identity.
According to case records, Arun Kumar Mohanty, a security officer in Hindustan Aeronautics Limited, Bangalore, received Rs 17.72 lakh for land acquired in an award passed by the land acquisition officer, Jagatsinghpur. When another person whose name, parentage, age and address resembling him complained regarding non-receipt of the award in lieu of his land being acquired, Mohanty had already refunded the entire compensation amount (Rs 17.72 lakh) on January 21,2013.
However, in the meantime, the state Vigilance had registered an FIR against him. When Mohanty filed a petition for discharging him in the case, the court of Special Judge (Vigilance), Cuttack rejected it.
Acknowledging that the “confusion was obvious”, Justice Mishra observed, “From the scenario of facts in the present case, it is apparent that the petitioner has encashed the awarded amount by mistakenly believing himself to be the one entitled for the claim. He has returned the money once he came to know regarding the genuine claim.”