SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 27.3.2002 and order of sentence dated 28.3.2002, passed by Additional Sessions Judge, Rohtak, whereby the Appellant was convicted under Section 489-C IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of 2000/-and in default of payment of fine, to undergo further rigorous imprisonment for two months.

(2.) According to the prosecution, the Appellant had used two counterfeit currency notes of the denomination of 100/-each at the petrol pump being run under the name of M/s Kapoor Chand Fateh Chand Jain in village Bhalaut, where complainant-Ajit Singh was working as a Salesman. At that point of time, the Appellant tried to run away from the spot but he was chased and overpowered. The police was summoned at the spot and the Criminal Appeal S-562-SB of 2002 -2-Appellant was taken into custody. While in custody, the Appellant produced two more counterfeit currency notes of the denomination of 500/-each and thirteen counterfeit currency notes of the denomination of 100/- each.

(3.) Learned Counsel for the Appellant has not challenged the impugned judgment of conviction. However, he has submitted that the Appellant is not a previous convict. His father and elder brother have already died. The Appellant is required to look after his family members, besides that of his deceased brother. Even his sister had died and her two children are living with him. The Appellant has been facing the agony of criminal prosecution for the last more than 111/2 years. Out of the sentence of imprisonment imposed upon him, he has already undergone about 21/2 months. He has also deposited the fine imposed upon him by the trial Court. Therefore, the remaining sentence of imprisonment of the Appellant be set aside.