Anis & Anr v. State NCT of Delhi

V.K. JAIN,J

DECEMBER 16, 2009 RS/AG

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of the Order: 16.12.2009 + CRL.A. 1059/2006 & CRL.A. 20/2007 # ANIS & ANR ..... Appellant ! Through:Mr. Anish Dhingra, Mr. S. Mehdi Imam and Anis S., Advocates versus $ STATE NCT OF DELHI ..... Respondent ^ Through: Mr. Amit Sharma, APP for the State And + CRL.A. 20/2007 # NAND KISHORE ..... Appellant ! Through:Mr. Sangram S. Saron, Advocate versus $ STATE OF DELHI ..... Respondent ^ Through: Mr. Amit Sharma, APP for the State * CORAM: HON'BLE MR. JUSTICE V.K. JAIN 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes : V.K. JAIN, J. (oral) These are two appeals against the judgment and Order on Sentence dated 30th November, 2009 whereby the appellants were convicted under section 489-B of IPC and were sentenced to undergo RI for 7 years each and to pay fine of Rs.5000/- each or to undergo SI for 6 months each in default. 2. The FIR was registered on the statement of one Lakhpat Singh, Cashier with the Central Bank of India, Badarpur Branch. He alleged that on 31st October, 1997 at about 11.30 a.m. one Inderjeet Singh came to the counter, filled up a voucher and submitted the same along with two hundred currency notes of Rs.100 each for depositing in his saving account No.19412. On careful examination of those notes and consulting his colleagues and the Bank Manager, he felt that they were counterfeit currency. The police was informed and Inderjeet Singh was handed over to the police along with the currency which he had deposited with the bank. During the course of investigation, the investigating agency claims to have recovered 50 counterfeit currency notes of Rs.100 each from the house of the appellant Nand Kishan, kept there in a trunk. The appellant Sharafat Hussain was also arrested during investigation and 13 counterfeit currency notes of Rs.100 each were recovered from his possession. The appellant Anis was arrested during investigation on 3rd November, 1997 and 8 counterfeit currency notes of Rs.100 each were recovered from his possession. 3. The prosecution examined 9 witnesses during trial. Three witnesses were examined in defence. 4. PW1 Lakhpat Singh is the bank official to whom counterfeit currency notes were tendered on 31st October, 1997. He has stated that one customer came to the bank to deposit a sum of Rs.20,000/- in denomination of Rs.100 each. While counting the currency notes given to him, he felt that some of them may not be genuine. He checked those notes minutely and informed the Branch Manager, who confirmed his suspicion. Police was thereupon informed and those currency notes were seized by the police. He identified Inderjit, co-accused of the appellants as the person who had tendered those currency notes to him. He also identified the fake currency notes which were tendered to him on that date. PW 2 Shri R.N. Swami was the Senior Manager posted at Badarpur Branch on 31st October, 1997. He informed the police when a person was caught while trying to deposit currency notes, which included some fake notes. 5. PW 3 Head Constable Bhagirath had stated that on 2nd November, 1997 the appellant Nand Kishore was arrested from his residence in Village Aali, Nai Basti and 50 fake currency notes in the denomination of Rs.100 were recovered from a box in his house. He further stated that pursuant to the disclosure statement made by the appellant Nand Kishore, the appellant Anis was arrested from Trilok Puri and 8 fake currency notes of Rs.100 each were recovered during his search. The appellant Sharafat Hussain was arrested pursuant to disclosure statement made by Anis and 13 fake currency notes of Rs.100 were recovered from his possession. The witness has identified the currency notes which were recovered from the possession of the appellants in his presence. Ex.P.201 to 271 are the currency notes which were recovered from the posse