INTHIYAS ALIAS INTHIYAS AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 9.6.2004 passed by the Fast Track Sessions Court III Bangalore City in SC No.302/03 convicting the appellant for the offence under Sections 489(B) and 489(C), IPC and sentencing him to undergo RI for 5 years and to pay a fine of Rs. 5000/- for offence under Section 489(B), IPC and further sentencing him to pay fine of Rs. 2500/- for the offence punishable under Section 489(C), IPC with default clauses.

(2.) It is the case of the prosecution that on 10.12.2002 at about 9.00 a.m. the accused was found in the City Railway Station, Bangalore, near the ticket counter and was trying to circulate fake currency notes of Rs. 100/- denomination and was in possession of a suitcase containing 146 fake currency notes. Hence he was charged for having committed an offence under Section 489(B) and (C) of IPC. In order to prove the case, the prosecution has examined in all 5 witnesses and got marked Exs.P1 to P4 and produced M.Os.1 to 3. The defence of the accused was one of total denial. However, after hearing the prosecution and the accused, the learned Sessions Judge was pleased to convict the appellant. Convicted accused has filed this appeal.

(3.) During the hearing of the case, Sri. M. Rajagopal for M/s. Janarthan and Janardhan Associates appearing for the appellant were absent and hence a non-bailable warrant was issued to the accused on 5.4.2011. The police after receipt of the non-bailable warrant have reported that they have visited the place shown by the accused and also by the police while filing charge-sheet as purporting to be the address of the accused. The police have reported that the accused has left the premises 5 years back and has sold the house in which he was earlier residing. Hence warrant could not be executed against the accused. On 13.4.2001 the finding that accused could not be traced and that his counsel are not appearing, this Court has appointed Sri. Rahul Rai as amicus curiae to the appellant.