(1.) The accused/respondent herein, along with three other accused, who were arrayed as A-2 to A-4, were charged and tried before the learned Addl. Sessions Judge, Fast Track Court No.I, Poonamallee, in C.C. No.139/08 for the offences u/s 120 (B) r/w 489 (b) and 489 (c) IPC and 489 (b) and 489 (c) IPC and the prosecution, having not proved the case as against the accused beyond reasonable doubt, the trial court acquitted the accused. However, the State, aggrieved by the said order of acquittal of the accused, has preferred the present appeal as against the acquittal of the accused/respondent herein alone.
(2.) For the sake of convenience, the respondent herein as well as the other accused will be referred to as A-1 to A-4.
(3.) The brief facts, necessary for disposal of this appeal, are as hereunder :- P.W.1 is a vegetable vendor at Koyambedu market. On the occurrence day in the year 1999, while P.W.1 was carrying out his avocation of selling vegetables, A-1 came to his shop and purchased two kilos of tomatoes and gave two ten rupee notes towards the said purchase. P.W.1 on receiving the said amount, found that the both currency notes had the same serial number and, therefore, P.W.1 caught hold of A-1 and sent information to Koyambedu Police Station, whereupon the police authorities came to the shop of P.W.1 and arrested A-1. P.W.1 gave the complaint, Ex.P-1 and the two ten rupee notes were seized and marked as M.O.1 series.