SHISH RAM Vs. STATE NCT DELHI

JUDGEMENT

(1.) APPELLANT has been convicted under Section 489-B IPC by the Trial Court vide judgment dated 16th December, 2004 and sentenced to undergo rigorous imprisonment for three years with fine of `10,000/- and in default of payment of fine to undergo rigorous imprisonment for one year. Benefit of Section 428 Cr.P.C. has also been given to the appellant. That is how appellant is before this Court by way of present appeal.

(2.) PROSECUTION case as unfolded is that on 26th September, 1998, at about 4 pm, appellant had gone to the shop of complainant Shyam Lal, who was doing "Money Exchange" business at Chandni Chowk. He gave him `10,000/- in the form of currency notes of `100/- denomination. He requested him to exchange the same with currency notes of `500 denomination. Complainant suspected that the currency notes were fake, accordingly, he showed the same to his friend Purshottam Das, who was also engaged in same business. Purshottam Das confirmed that the currency notes were fake. Constable Yoginder, who was on duty in the area, was informed about this fact by the complainant. On seeing Constable Yoginder, appellant started running. Constable Yoginder chased the appellant and apprehended him.

(3.) COMPLAINANT Shyam Lal has been examined as PW3. Purshottam Das has been examined as PW2. Both these witnesses have not identified the appellant in Court as the same person who had tendered counterfeit currency notes worth `10,000/- in the denomination of `100/- each. They have also denied that appellant was apprehended by Constable Yoginder in their presence. PW2 has deposed that on 26th September, 1998 Shyam Lal came to his shop and asked him to exchange in the shape of currency notes of `10,000/- `100/- denomination each. On checking the packet he realized that the same were fake. Thereafter, he and Shyam Lal came out of their shop and informed this fact to Constable Yoginder who was on duty in the area. Fake currency notes were also handed over to him. The person, who had come to the shop of Shyam Lal and had handed over the fake currency notes, tried to run away when the fake currency notes were handed to Constable Yoginder. PW2 further deposed that he cannot identify that person now. PW3 Shyam Lal has deposed that 2-3 persons had come to his shop on the fateful day and handed over him loose currency notes of `100/- denomination each for exchanging the same with currency notes of `500/- denomination. He suspected these currency notes to be fake. He showed these currency notes to his neighbor Chaman Lal who also suspected the same to be fake. He then handed over the currency notes to one Purshottam Das, who was also carrying on same business. He deposed that he did not know what happened with the currency notes or to the person who had come to exchange the currency notes. He deposed that no one was apprehended by the police in his presence. He did not recognize the appellant as the same person who had come to his shop and had handed over the packet of currency notes of `100/- denomination each. He also did not identify the seized currency notes to be the same which were handed over to him. He was declared hostile and cross-examined by the APP but nothing could be elicited from him which can go in favour of prosecution version and against the appellant.