GURNAM SINGH Vs. STATE OF CHANDIGARH

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 29/1/1988 of Shri S.R. Bansal, Additional Sessions Judge, Chandigarh, convicting the appellant under section 489-B and 489-C of the Indian Penal Code and sentencing him to imprisonment for a period of six months and to pay a fine of Rs. 1,000/- or in default of payment of fine, to further undergo rigorous imprisonment for two months under the former provision and to rigorous imprisonment for six months and to pay a fine of Rs. 300/- or in default of payment of fine, to further undergo rigorous imprisonment for 1-1/2 months under the later provision of the Indian Penal Code.

(2.) One Shri Harbans Lal, who was working as a peon in M/s. J.K. Industries, S.C.O. No. 374, Sector 35-B, Chandigarh, presented at the counter of Reserve Bank oflndia, Chandigarh, on 5/12/1985 tom and old currency notes of the value of Rs. 200.00 for exchange. In the course of checking of these currency notes, the Assistant Treasurer of the Reserve Bank of India developed a suspicion about one of these currency notes of the denomination of Rs. 20.00 as being counter-feit. He got this currency note inspected from M.P. Shah, cashier of the Reserve Bank, who confirmed that it was a counter-feit currency note. When he was asked about it, Harbans Lal stated that he had been given these currency notes by the appellant, who is working as an Assistant Manager (Finance) in M/s. J.K. Industries. The matter was reported to Shri Sumat Kumar Jam, Assistant Currency Officer, Reserve Bank of India, who eventually lodged report with the police, on the basis of which the present case was registered against the appellant. During the investigation of the case, the police recorded the statements of the witnesses and forwarded the disputed currency note Exhibit PT to Nasik and according to the report received from there, the currency note Exhibit PT was found to be forged. The appellant was thereupon arrested and after the completion of the investigation, he was sent up for trial. The trial Court found a prima facie case against him and framed a charge-sheet under sections 489-B and 489-C of the Indian Penal Code. He, however, pleaded not guilty to the charges and claimed to be tried.

(3.) In support of its case, the prosecution examined P.W. 1 Shri Sumat Kumar Jam, Assistant Currency Officer, Reserve Bank of India, Sector 17, Chandigarh. This witness deposed that on 5/12/1985, Shri Harbans Lal had presented certain currency notes, of different denominations of the total value of Rs. 200.00 on the Reserve Bank counter for exchange. Shri G.K. Sharma, working as Assistant Treasurer in the Reserve Bank of India, on checking found the currency note of Rs. 20.00 denomination to be forged. He reported the matter to this witness for making reference to the police. This witness talked to Harbans Lal, who told him in writing that he was working as a peon with M/s. J.K. Industries, Chandigarh, and he had brought the said currency note from his Company for exchange. Thereafter the appellant was called and he told that he received the said notes from the dealer of the Company. Thereupon P.W. 1 Sumat Kumar Jam lodged the report Exhibit PB with the police, in this regard. P.W. 2 Shri V.K. Aggarwal isa Senior Depot Manager, J.K. Industries. He proved that said Gumam Singh, appellant, was posted as Assistant Office Manager in their Company at Chandigarh and that the latter had deputed Harbans Lal of their Company for the exchange of currency notes. P.W. 3 M.P. Shah is the Treasurer, Reserve Bank of India, Chandigarh. He proved that Shri G.K. Sharma was on duty at the counter for the exchange of currency notes on 5/12/1985. According to him, one Harbans Lal had come to sheir counter and wanted the exchange of currency notes of the total value of Rs. 200/- and presented the same to Shri G.K. Sharma, out of which one currency note of the denomination of Rs. 201- was found to be forged. P.W. 5 O.K. Sharma is the Assistant Currency Officer, Reserve Bank of India, who was working at Chandigarh on 5/12/1985. According to him, Harbans Lal had brought currency notes of the total value of Rs. 200.00 including the disputed currency note of the denomination of Rs. 201-. He . (this witness) checked all the notes and found the said currency note of Rs. 201- to be forged. He then informed Shri M.P. Shah, Treasurer. On. enquiry, Harbans Lal told that these notes were given by their Manager, viz, the appellant for exchange. Thereupon, the appellant was called to the Bank and he had admitted having sent these notes for exchange in the Bank. P.W. 6 is Sub Inspector Surinder Kumar Malhotra.