Kanchan Chakraborty - (1.) THIS appeal is directed against the order of conviction and sentence dated 8.8.2003 passed by the learned Additional Sessions Judge (2nd Court), Krishnanagar, Nadia whereby the appellant was found guilty for committing offence under Section 489B and 489C of the I.P.C. and sentenced to suffer R.I. for seven years and to pay a fine of Rs.2,000/- i.d. to suffer R.I. for one year for the offence under Section 489B of the I.P.C. and also sentenced to suffer R.I. for five years and to pay a fine of Rs.1,000/- i.d. to suffer further R.I. for six months for the offence under Section 489C of the I.P.C.
(2.) THE sole convict Amal Kumar Saha has preferred this appeal challenging the sustainability of the judgment mainly on the following grounds; a) that the learned Court failed to appreciate the evidence in true and proper perspective; b) that the learned Court failed to consider that the cognizance taken by the learned Magistrate was bad in law in view of Section 167 (5) of the Cr. P. C. and there was inordinate delay in submitting charge sheet; c) that the currency notes, allegedly fake, were not seized directly from the possession of the appellant and the same were not produced in Court in course of trial; d) that the learned Court failed to consider the evidence adduced on behalf of the defence and that the examination of the accused under Section 313 of the Cr. P. C. was not properly done; e) that the judgment being otherwise bad in law, is liable to be set aside. To appreciate the entire matter, it would be expedient to refer the factual matrix succinctly. Biswanath Halder, Branch Manager, State Bank of India, Karimpur Agricultural Development Branch lodged one complaint with Karimpur Police Station alleging therein that on 4.5.1995 at about 12.00 noon, the appellant Amal Kumar Saha came to the bank and deposited four numbers of 500/- rupees notes in his loan account No.ATL 30/181 in the cash counter. The Cash Officer, Nityananda Sarkar upon receiving the said currency notes doubted the genuinity of the currency notes and on careful scrutiny of the same, it appeared to him as well as the Branch Manager that the said currency notes were counterfeited. The appellant, Amal Kumar Saha was handed over to the Police with the counterfeited notes. The case was investigated into and ended in a charge sheet under Section 489B and 489C of the I.P.C. The appellant was arrayed to face the above charges to which he pleaded not guilty. Accordingly, the trial commenced. In course of trial, as many as nine witnesses were examined on behalf of the prosecution. Some documents, such as, forwarding letter, signature list, FSL report, F.I.R., seizure lists were admitted into evidence and marked exhibits on behalf of the prosecution. In the trial Court, the appellant examined one witness viz., Ananta Mondal. No document, however, was filed on behalf of the defence in course of trial. Upon consideration of the evidence on record of both the parties, oral and documentary, the learned Trial Court came to the conclusion that the prosecution brought home the charges levelled against the appellant and accordingly, passed the impugned order of conviction and sentence.
(3.) THE point to be considered in this appeal is whether the judgment impugned is sustainable in law. THE F.I.R. that has been marked as Ext.1 shows that on the very date, the incident had taken place, it was lodged with the police station by the Branch Manager, State Bank of India, Karimpur Branch. It says that on that date, at about 12.00 noon, the appellant Amal Kumar Saha came to deposit money in his loan account being ATL 30/181 and tendered four numbers of 500 rupees notes bearing Nos.9AS 369984, 7BK 064559, 4AG 501670 and 9AS 369984 in the cash counter wherein Cashier, Nityananda Sarkar was in-charge. But Nityananda Sarkar upon receiving of the same doubted about the genuinity of the notes and on scrutiny, it was found that the notes tendered by the appellant, Amal Kumar Saha were counterfeited. The appellant was handed over to the police station with the counterfeited notes, pay-in-slip and pass book.;