K.M.JOSEPH, J. - (1.) This appeal by special leave granted by this Court is directed against the judgment of the High Court of Gujarat at Ahmedabad dismissing the Special Criminal Application No. 1230 of 2009 filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.PC for short).
(2.) The petition under Section 482 Cr.PC. was filed challenging the complaint and the Order passed by the Sessions Court rejecting the request of the appellant to discharge him of the offences under Sections 489B and 489C of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC for short).
(3.) The contents of the FIR dated 10.04.1996 are as follows: "The facts of my complaint are that today ie., on 10.04.1996 at about 13.00, we got information from the superior officer of the ATS that Mahamad Rafik Abdul Hamid Kadge of Mumbai and Salim Mahebub Shaikh of Ahmedabad Sahalam, both are selling fake currency note of Arabian country as original on the road going towards noble building located at the edge of Nehrubridge, Ashram Road, Ahmedabad on fair rate and therefore, while receiving such legal instruction, two panch persons had been called at the office of ATS and after informing them about such information and they expressed their consent to remain as panchas therefore, after completing the first part panchnama at about 14.00 to 14.15 therein, I myself, panchas and PSI Shri NB Jadeja, Shri BR Karavadra, Shri PV Rathod, Shri NV Kapiriya, Shri KK Desai and Police constable Shri Rameshkumar Sevadas Lashkari, Bhagwatsingh Madarsinh and police Constable Amirkhan Rasulkhan and Dashrathsinh Bhagubha etc reached in government and private vehicles opposite the Natraj cinema at Ashram Road, Stopping their vehicles there and taking walk reached near Noble Building as well as on the road nearby the Petrol pump and found that three persons were standing nearby the road and doing some transaction and while making talk with them, we stopped them at that place wherein we introduced ourselves as Police and panchas and informed them about personal search and I caught accused no.1 and while asking his name and address, he stated his name as Mahamad Rafik Abdul Hamid Kadge residing at Sachhvari Dagadichawl Golanji Rahil Road, Mumbai-15 and during the search, 43 notes of Saudi Arabian Riyal currency of Rs. 500/- denomination were found and PSI Shri NB Jacleja caught the accused no.2 and while asking his name before the panchas, he stated his name as Salimbhai Mahemudbhai Shaikh, residing at inside Shahalam Darwaja, Rasulibad society, Ahmedabad and during the search 43 notes of Saudi Arabian riyal currency of Rs.500/-denomination were found and police constable Shri Bhagwatsinh Madarsinh buckle No. 8927 caught the accused no.3 and while asking his name and address, he stated his name is Usmangani Mahamadbhai Malek residing at Musamiyani Chali, Rasulabad Shahalam, Ahmedabad and from his hand, 2 nos. Saudi Arabian Riyal currency notes of Rs. 500/-denomination were found and in all total 88 notes were found. While asking them one by one before the panchas regarding such notes, it was found that no.1 had taken such notes from Mumbai prior to 15 days and had stated that he talked with his friend Jagdishchandra Patel residing at D-2 Aasiyana Flat, Nawa Vadaj, Ahmedabad to sale him these fake Riyal currency to as original with fair price and today, after taking such note from the house of Dipak by the accused no.1; handed over it to the accused no.2 and 3 and after preparing the panchnama of such notes, seized it by packing it in separate packets and applying seals. Indian currency notes found from one or two out of them had been returned by way of panchnama and that panchnama was completed at about (Illegible). Thus, the aforesaid accused no.1 Mahamad Rafik Abdul Hamid Kagde, residing at Savri Hagadi Chawl, Golanji Road, Mumbai-15, accused no.2 Salimbhai Mahemudbhai Shaikha, residing at inside Shahalam Darwaja, Rasulabad Society, Ahmedabad, accused no. 3 Usmangani Mahamadbhai Malek residing at Shahalam, Ahmedabad and accused no. 4 Dipak Jagdish Patel, residing at B-2 Aashiyana Flat, Nava Wadaj, Ahmedabad in collusion with each other, showing the fake Saudi Arebiya currency Riyal of Rs. 500/-denomination as original and keeping such notes in their possession to sale such fake currency notes as original with fair price, the accused have committed the offence punishable under Section 489B, C of the Indian Penal Code and this is my legal complaint against these accused persons. The panchas, police persons and whatever will be come out in the investigation are my witnesses and the accused no.1,2,3 are arrested today ie, on 10.04.1996 at 17.00 o'clock." ;