MADAN LAL SARMA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order dt. June 17, 1982 passed by the learned Sessions Judge, Howrah under Sections 489B and 489C of the Penal Code, convicting and sentencing the appellant to suffer rigorous imprisonment for two years for each of the said charges, which would run concurrently.

(2.) The prosecution case, in short, is that at about 11 a.m. on 27th May, 1980, Madan Lal Sarma, an employee of Shri Jagadamba Cloth Stores came to the Howrah branch of Bank of Baroda. One Basudeo Ram was receiving the cash at the cash counter of the said bank on that day. The accused handed over a bundle of notes. In that bundle there were one hundred 100-rupee notes, a 10-rupee note and a 5-rupee note. The amount was tendered by the accused in order to get a draft for Rs. 10,000/-.

(3.) The said Basudeo Ram (PW 2) began counting the notes and at that time found a defective 100-rupee note. He asked the accused to change the defective note. The note was changed by the accused. He then reported the matter to the Cashier who in turn reported it to the Manager of the bank (PW 1). On hearing the incident, the Manager asked his assistants not to hand over the draft and to delay the matter. The accused was brought to the Chamber of the Manager and the police was informed.