MUTHUVEL Vs. STATE

JUDGEMENT

(1.) Petitioner is the accused and he stands convicted under Sections 489(c) and 489(e)(1) of the Indian Penal Code by the learned Principal Sessions Judge, Srivilliputhur. On being convicted, he was sentenced to undergo rigorous imprisonment for a period of two years under Section 489(c), IPC and was directed to pay a fine of Rs. 100/- for the offence under Section 489(e)(1) of the Indian Penal Code. On appeal, the conviction and sentence were confirmed. Hence, the present revision.

(2.) Case of the prosecution against the petitioner is that at 7.30 p.m. on 15.2.1992 the petitioner was found in possession of 92 counterfeit notes of 100 rupees denomination and he was also found in possession of ten toy currency notes of 10 rupees denomination and that he was in possession of toy notes with view to make use of them.

(3.) Learned counsel appearing for the petitioner contends that the appellate Court decided the appeal without giving him an opportunity to argue his appeal. He brought to my notice the observations of the learned appellate Judge in paragraph 9 of the judgment. It is seen from the said judgment that the appeal was taken on file on 26.11.1998 and posted for hearing to 12.1.1999 on which date the petitioner was not present. A warrant was issued by the learned Sessions Judge and later, the petitioner surrendered before the appellate Judge on 1.2.1999. His surrender application was allowed and the appeal was adjourned for hearing to 10.2.1999 thereafter to 18.2.1999 and later on 24.2.1999. On all the dates the petitioner did not appear. On 5.3.1999 also, to which date the appeal stood adjourned, the petitioner did not appear and hence, learned Sessions Judge proceeded to hear the appeal in the absence of the petitioner and his counsel on hearing the arguments of learned Public Prosecutor and passed the judgment confirming the conviction and sentence.