MANIK ROY CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction of sentence passed by the learned Additional Sessions Judge, Barasat, dated 29.6.1978.

(2.) THE appellant was convicted under section 489C of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for three years. The allegation against the appellant was that on 6.1.1976 one Haru Sardar went to the shop of Daud Ali at Harianagoat for purchasing one Kg. of rice. He made over a currency note of denomination of Rs. 10/- as price of the said rice. Daud Ali returned back to him the balance amount of Rs. 7.75. This currency note was detected to be forged afterwards. On 7.1.1976 at about 7 or 7.20 p.m. the appellant Manik Roy Chowdhury and Haru Sardar went to the Shop room of Daud Ali. Again the appellant purchased rice weighing 500 gms. at Rs. 1.12. He paid another currency note of Rs. 10/- through Haru Sardar to Daud Ali. This currency note was found to be forged bearing the same number which Haru had made over to Daud Ali in the previous evening. Daud Ali then raised a row and hearing this the local people assembled there. They searched the person of the appellant and recovered from his possession 11 other forged currency notes, 8 bearing one number and the other three bearing separate number.

(3.) THE learned trial Judge found the appellant guilty under section 489C of the I.P.C. and sentenced him as stated above.