LAXMI NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose off Criminal Appeal Nos. 961/05, 967/05, 968/05, 1062/05,1074/05 and 1214/05, as these appeals have been filed by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 16-4-2005 passed by Ist Additional Sessions Judge, sehore in Sessions Trial No. 124/99 whereby the appellants Laxmi Narayan, mangilal and Vijay Chourasiya have been convicted under Sections 489-B, 489-C and 120-B of IPC, the appellant Magvendra has been convicted under section 120-B of IPC, the appellant Mohan Singh has been convicted under section 489-C of IPC, the appellants Manoj Gupta and Narendra Agrawal have been convicted under Sections 489-B and 489-C of IPC and they have been sentenced to Rigorous Imprisonment of different period, as per Paragraph 85 of the judgment.

(2.) THE prosecution story in short is that Shiv Darshan Ram (P. W. 1)withdrew the amount of Rs. 11,000/- on 21-4-1999 from Punjab National Bank, sehore Branch. The amount was paid by the accused Madanlal, Cashier of the bank, who has been acquitted by the Trial Court. Shiv Darshan Ram received the currency notes of 500 denomination from the Bank. On 22-4-99when his son went to LIC office to deposit the amount, the officials of LIC told him that the currency notes are counterfeit. Thereafter, this complainant reached at the bank and repeatedly asked the officials of the Bank to take back the currency notes, but ultimately, on 23-4-99 the cashier refused to exchange the currency notes. Thereafter, he lodged the report (Exh. P-l) at Police Station, Kotwali, sehore where the report was registered vide Exh. P-2. He also handed over 12 currency notes of 500 denomination, which were seized by Arvind Singh chouhan (P. W. 19), who prepared the seizure memo (Exh. P-3 ). When the matter was enquired from Madanlal Vishwakarma, Cashier, he informed the police that these currency notes along with other currency notes were deposited by account holder Purnima Gandhe and Sharda Gandhe and the same were handed over to the complainant Shiv Darshan Ram. Purnima Gandhe accused (acquitted by the Court below) was interrogated and her memorandum (Exh. P-10) was prepared, who disclosed that she received these currency notes from the accused Mangilal Patel.

(3.) THE Investigating Officer reached at Rajhans Lodge with Purnima and witnesses where the accused Mangilal was found in room No. 5 of the lodge. The accused Mangilal gave the information to the Investigating Officer about one currency note and the memorandum (Exh. P-4) was prepared, which was seized vide seizure memo (Exh. P-6 ). The accused Mangilal disclosed that he received the counterfeit currency notes from accused Manorama Bajaj (deceased) and, thereafter, the Investigating Officer reached at the house of manorama Bajaj along with accused Mangilal and witnesses. The memorandum (Exh. P-5) of Manorama was recorded, who disclosed that the accused Laxmi narayan Soni handed over counterfeit currency notes to her and out of those currency notes, she handed over the currency notes amounting to Rs. 45,000/- to mangilal. One counterfeit currency note was also recovered from the possession of Manorama Bajaj and seizure memo (Exh. P-7) was prepared.