AMAL KUMAR SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence dated 8.8.2003 passed by the learned Additional Sessions Judge (2nd Court), Krishnanagar, Nadia whereby the appellant was found guilty for committing offence under Section 489B and 489C of the I.P.C. and sentenced to suffer R.I. for seven years and to pay a fine of Rs.2,000/- i.d. to suffer R.I. for one year for the offence under Section 489B of the I.P.C. and also sentenced to suffer R.I. for five years and to pay a fine of Rs.1,000/- i.d. to suffer further R.I. for six months for the offence under Section 489C of the I.P.C.

(2.) THE sole convict Amal Kumar Saha has preferred this appeal challenging the sustainability of the judgment mainly on the following grounds;

(3.) THE point to be considered in this appeal is whether the judgment impugned is sustainable in law. THE F.I.R. that has been marked as Ext.1 shows that on the very date, the incident had taken place, it was lodged with the police station by the Branch Manager, State Bank of India, Karimpur Branch. It says that on that date, at about 12.00 noon, the appellant Amal Kumar Saha came to deposit money in his loan account being ATL 30/181 and tendered four numbers of 500 rupees notes bearing Nos.9AS 369984, 7BK 064559, 4AG 501670 and 9AS 369984 in the cash counter wherein Cashier, Nityananda Sarkar was in-charge.