THAKOR MANAJI SUKHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals have been preferred by the original accused nos. 2 and 3 against their conviction recorded and the sentence imposed by the learned Sessions Judge in Sessions Case No. 23/2008. It may be recorded that the learned Sessions Judge has found original accused nos. 1,2 and 3 guilty for the offence under section 489B and 120B of IPC and has imposed the sentence of 10 years R/I with the fine of Rs. 2500/ - and one month's R/I for default in payment of fine upon each of the accused.

(2.) AS per the prosecution case, a complaint was filed by Dipakbhai Ramdas Adalja PW -1 stating that he was working as Branch Manager, Bank of Baroda, Kalol. That, on 31.3.2008, cashier of the bank Arunbhai Dalpatbhai Shrimali PW -5, informed him that Raghvendra Rajput A -1 had asked him to exchange 100 notes each denomination of Rs. 100/ - against currency notes of Rs. 500/ -, but when he verified, he found certain notes doubtful in the bundle of the currency notes of Rs. 100/ each which was offered for exchange, and therefore, he informed to Smt. Nishiben Gohel PW -4, who was the officer of the Bank. Thereafter, A -1 was called as to who had given 100 currency notes, each denomination of Rs. 100/ - to him, and in response thereto, A -1 informed that one person had come for exchange of these currency notes. A -1 was asked to call the said person or to produce but he could not. It was found that out of 100 currency notes, each denomination of Rs. 100/ -, 50 currency notes were fake and not genuine, and therefore, a complaint was filed with Kalol City Police Station Exh. 20.

(3.) THE said complaint was investigated, and ultimately, charge -sheet was filed against four accused including A -2 and A -3, who are appellants herein. Since the case was exclusively triable by the Court of Sessions, it was committed to the Court of Sessions being Sessions Case No. 23/2008.