LAWS(CHH)-2019-1-41

BIRENDRA KUMAR YADAV Vs. STATE OF CHHATTISGARH

Decided On January 04, 2019
Birendra Kumar Yadav Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 19.04.2011 passed by Fourth Additional Sessions Judge, Durg (C.G.) in Session Trial No. 116/2010, wherein the said court convicted the appellant for commission of offence under Sections 489(B) & 489(C) of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 2000/- & R.I. for 3 years and fine of Rs. 2000/- respectively with further default stipulations.

(2.) As per version of the prosecution, on 14.10.2009 at about 3:30 p.m., the appellant put forward Rs. 22,000/- for depositing in account No. 30407227075 to the Assistant Manager of State Bank of India, Branch Audyogik Nagar Bhilai. When the currency notes were checked, it was found that the same are counterfeit notes. Matter was reported and investigated and during investigation, 24 Nos. currency notes of Rs. 1000/- denomination, 20 Nos. currency notes of Rs. 500/- denomination & 6 Nos. currency notes of Rs. 100/- denomination, were seized from the appellant. 19 Nos. currency notes of Rs. 1000/- denomination which was tendered for depositing in the said bank account was also seized. After investigation, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-