RAMSEVAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 05.10.2001, passed by Additional Sessions Judge, Korba (C.G.) in Sessions Trial No. 129/89, whereby the appellant/accused stands convicted & sentenced as under:

(2.) Case of the prosecution in brief, is that appellant is the account holder in the State Bank of India, Branch at Ompur. On 03.05.1988 at about 1.30 pm, when appellant went to the Bank for depositing the amount of Rs. 665/- in his saving account held in the said Bank, the notes were examined by the Bank authority and two notes of 100 denomination were found torn, therefore, two notes of Rs. 100/- were returned to the appellant and remaining one note of Rs. 100/- was kept by the bank Manager for examination as the said note of Rs. 100/- bearing No. 7AB 420300 was prima facie found fake & forged by the Bank authority and, therefore, the said forged note of Rs.100/- was examined by the Bank Manager and he prepared a report Ex. P/2 regarding receiving of counterfeit currency note from the appellant in presence of bank employees and other independent witnesses as a result thereof, the report was lodged by the Bank Authority before Out Post Rajgamar and thereafter FIR vide Ex. P/7 was lodged at Balkonagar Police Station in Crime No. 145/1988. During investigation, one passbook relating to saving account of the appellant was seized vide Ex.P-1. As per document Ex. P-2, counterfeit currency note of Rs.100/- was recovered from the appellant by the Branch Manager of State Bank of India, Branch at Ompur in presence of independent witness and bank Officials. The said note bearing No. 07AB 420300 was examined by Bank Note Press, Dewas and it is found to be forged and fake as per Ex. P/3. As per Ex. P/4-A, written complaint was lodged by Branch Manager of State Bank Indore on 20.05.1988 thereafter, on the basis of which, FIR (Ex.P-7) was lodged. Pay slip of Rs. 665/- signed by the appellant and one note bearing No. 07AB420300 was seized from the Branch Manager, SBI, Branch at Ompur and the seizure memo to this effect was prepared vide Ex. P/5.

(3.) After usual investigation, charge-sheet was filed against the accused appellant under Sections 489 B and 489 C of the Indian Penal Code. Thereafter, the trial Court framed charges under Sections 489 B and 489 C of IPC against the appellant which was denied by him and he prayed for trial.