STATE OF GUJARAT Vs. ABIMABHAI JAYRAMBHAI MAHESHWARI

JUDGEMENT

(1.) THE State of Gujarat has filed the present appeal against the judgment and order dated 27.2.1996 passed by the learned Additional Sessions Judge, Sabarkantha Camp at Modasa in Sessions Case No. 95 of 1995. By the impugned judgment the trial Court has acquitted the present respondent the original accused of the offence punishable under Section 489(B) and 114 of the Indian Penal Code.

(2.) THE gravamen of the charge against accused is that on 26.11.1994 Pravinaben, daughter of accused Abhimanbhai, had given Rs.500/ - to Vishnubhai Patel towards price of grocery purchased from him shop. Vishnubhai did not have change of Rs.500/ - and so Pravinaben told him to keep the money and that she would collect the balance amount later. On 27.11.1994 shop of Vishnubhai was shut and so Pravinaben went on 28.11.1994 to collect money. Vishnubhai told her that he still did not have sufficient change and that he would get it from the bank. On hearing this, Pravinaben gave another two notes of Rs.500/ - each to Vishnubhai and requested him to get them also changed into currency of lesser denomination. She gave this money to Vishnubhai for exchange for instructions of her father. At about 1 -30 PM Vishnubhai went to State Bank of India and gave the three notes for getting them changed into currency of lesser denomination.

(3.) SHRI Choudhary, cashier at the cash receipt counter, on seeing the notes got suspicious and took them to the Head Cashier Shri Patel, who also felt the notes to be note genuine. They asked Vishnubhai abut the notes and he told them that he has received them from accused Abhimanbhai. Abhimanbhai was called to the Bank and they all went to the chamber of the Branch Manager Shri Rajendrakumar Sankhsera. The Manager also felt the notes to be counterfeit and inquired from Abhimanbhai as to how they came in his possession. Abhimanbhai told him that he had received the notes from a purchaser against sale of cloth. As the bank officials believed that the notes were fake, police was informed and a complaint came to be registered against Vishnubhai and Abhimanbhai. During the course of investigation it was found that there is no material against Vishbubhai and accordingly a report was filed under Section 169 of the Criminal Procedure Code to that effect. Instead it was found that Ghanshyambhai son of Abhimanbhai was involved in the crime in as much as he had given the notes to his sister Pravinaben. Both the accused were tried by the Sessions Court and acquitted.