S K BASHEER AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants have challenged their conviction and sentence for the offences punishable under Sections 489 (B) & (C) IPC on a trial held by the Fast Track Court at Kolar.

(2.) The facts relevant for the purpose of this appeal are as under: 3 Crl.A 316/06 On 20.6.1999 PW1-Chikkanarasappa went to silk market at Sidlaghatta to sell the silk cocoons grown by him in an auction. As he did not get reasonable price, he withdrew from the auction with an intention to sell it to others and when he was at the place where the silk cocoons were stored, he found accused No.1 (appellant No.1) who on enquiry told that he would purchase silk cocoons. It was agreed to sell silk cocoons at L93/- per kg., as the cocoons were weighing 17 kgs. 820 grams, the total price was L1,657-26. The accused No.1 gave a sum of L1600/- i.e. 16 notes of L100/- denominations, the money in excess was paid to the accused No.1 and the Chikkanarasappa returned to his village. On 23.6.1999, he took one note of L100/- denominations and came to Sidlaghatta where he found PW2 Laxmaiah his relative and both went to photo studio to get the photograph of his daughter. He gave the note of L100/- denomination to the photographer, but the photographer turned the note around and suspiciously asked for another currency note. It was then found by PW2 that the currency note was fake. Thereafter, both of them returned to their village and found that, from the amount of L1600/- which he had brought from accused No.1, there were seven other counterfeit notes. He approached the first accused and returned seven counterfeit notes to him and told him that these notes are counterfeit notes. Later, he approached the police and submitted his complaint Ex.P1 producing one counterfeit note of L100/- denomination.

(3.) I have heard the learned counsel for the appellants and also the learned High Court Government Pleader.