NISHITA MHATRE, J. - (1.) THE challenge in this appeal is to the judgement and order of the Additional Sessions Judge, 2nd Court, Malda, in Sessions Trial No. 20 of 2010. The appellant has been convicted for the offences punishable under Section 489B and 489C of the I.P.C. He has been sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.4000/ -, in default of which he would have to undergo simple imprisonment for four months for the offence punishable under Section 489B. For his conviction under Section 489C he has been sentenced to suffer four years rigorous imprisonment and to pay a fine of Rs.2,000/ -; in default of payment of fine to undergo simple imprisonment for three months.
(2.) THE case of the prosecution in brief is that on 16th January, 2004 the appellant went to deposit an amount of Rs.7,800/ - in his Savings Bank Account in the Malda District Central Co -operative Banka Ltd. He delivered his pass -book bearing Account no. 17805, pay -in -slip and 16 notes of Rs.500/ - each. He sought to deposit the amount and asked for a refund of Rs.200/ -. The Cashier suspected that the currency notes were fake. He approached the Head Cashier of the bank to examine the currency notes. The Head Cashier tested the notes in a machine and it was detected that the currency notes were counterfeit. These counterfeit currency notes, pass -book and the pay -in -slip were returned to the accused who was then taken to the Branch Manager's cabin by the Cashier and Head Cashier. In response to the Manager's question, the accused stated that he obtained the currency notes from a relative in Bangladesh. He was detained in the bank and the police were informed. On arriving in the bank the police seized the fake currency notes, pass - book and the pay -in -slip from the accused. An FIR was lodged by the Branch Manager with the police. The seizure list, labels and fake notes were signed by the Branch Manager, the Cashier and the Head Cashier and also by the accused. The police took custody of the accused and the investigation was launched on the basis of the FIR lodged by the Branch Manager. The currency notes were sent to Central Forensic Science Laboratory (hereinafter referred to 'CFSL') for examination through the Sub -Divisional Judicial Magistrate, Malda. The report obtained by the police from the laboratory indicated that the notes were fake. On completion of the investigation a charge -sheet was submitted against the accused under Sections 489B and 489C of the IPC. The case was committed to the Sessions Court, Malda, where the accused was found guilty as charged and has been convicted and sentenced as aforesaid. The prosecution has examined seven witnesses in support of its case. PW 1 is the Branch Manager, PW 2 the Cashier and PW 3 the Head Cashier. PWs 4, 5 and 6 are the villagers who know the accused. They have all been declared hostile. PW 7 is the Investigating Officer.
(3.) IN his complaint which is treated as the FIR, PW 1 has stated that the accused handed over 16 currency notes of Rs.500/ - at the receiving counter of the branch to the Cashier. The notes were found to be fake. PW 1 invited the accused to his chamber where he disclosed that he had obtained these notes from a relative who lives in Bangladesh. The Branch Manager informed the police about the incident over the telephone at about 12.30 p.m. The FIR has been received at 1.30 p.m. by the police in the Main Branch of the Central Co -operative Bank Ltd for starting the case against the accused. In his examination in chief PW 1, the complainant has reiterated the contents of the FIR. The Branch Manager has admitted that on learning of the incident he kept the accused seated in the bank with the fake notes, his pass -book and pay - in -slip in the latter's possession. On the arrival of the police he lodged the FIR. According to this witness, the fake notes, pass -book and pay -in - slip were seized from the accused in his presence. He has spoken about appending his signature on all the notes and that the Head Cashier and Cashier had all signed on all those notes in his presence. The FIR was written by one Sankar Ganguli, a member of staff of the bank, as dictated by the Branch Manager. In his cross -examination he has stated that the police arrived at the bank at about 1.30 p.m. and that he submitted the FIR at about 2 p.m. to the police. They were present in the bank up to 3 p.m. He has further admitted that the police seized the fake currency notes from the accused, kept them in an envelope and left the bank. He was unable to say whether the envelope was closed nor could he give any explanation as to why the fake currency notes were returned to the accused while he was made to wait in the bank.;