STATE OF KARNATAKA Vs. AFTHAB AHAMMED KHAN

JUDGEMENT

(1.) The State has filed this appeal under Sec. 378(1) and (3) of Cr.P.C . challenging the impugned judgment and order of acquittal dtd. 2/7/2018 passed by the Principal District and Sessions Judge, Uttara Kannada, Karwar in S.C.No.44/2012 for the offences punishable under Ss. 489B and 489C r/w Sec. 34 of IPC.

(2.) Brief background of the case: It is the case of the prosecution that the accused with an intention of circulating 75 fake notes of Rs.1,000.00 denomination, went to Yallapur on 14/1/2012 and accused No.1 went to shops of C.Ws.10 and 11 with an intention of circulating fake notes of Rs.1,000.00 denomination and at that time, the complainant came to know about the said circulation of notes by the accused and seized 75 fake notes of Rs.1,000.00 denominations from the accused and other accused. On 14/1/2012, the complainant came to the police station and lodged the complaint. On the strength of the said complaint, a case came to be registered against the accused in crime No.8/2012 and the investigation was taken up by the police. After investigation, police filed charge sheet against the accused for the offences punishable under Ss. 489B and 489C r/w Sec. 34 of IPC. The accused produced before the JMFC, Yellapur and were remanded to custody and the charge sheet was filed and thereafter, the learned Magistrate committed the case to the Sessions Court for trial.

(3.) After committal records were received by the sessions court, accused Nos.1 and 2 were produced before the court and accused No.2 has been released on bail by virtue of the bail in Crl.Misc.No.153/2012. Subsequently, accused No.1 was also granted bail. Thereafter, the charge for the offences punishable under Ss. 489B and 489C r/w Sec. 34 of IPC was framed. The accused pleaded not guilty and claim to be tried.