Indrajit Chatterjee, J. - (1.) THIS appeal has been preferred as against the judgment and order of conviction respectively dated 28 -04 -2015 and 29 -04 -2015 passed by the the then Additional District & Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta, in Sessions Trial No. 4(5) of 2013 arising out of Sessions Case No. 49 of 2012 in which the sole appellant was convicted in respect of the charge punishable under Section 489B and 489C of the Indian Penal Code (hereinafter called as the said Code).
(2.) THE trial court was pleased to sentence the appellant to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/ - in default, to suffer rigorous imprisonment for one year for the offence punishable under Section 489B of the Code and the said appellant was also convicted in respect of the charge under Section 489C of the Code and was sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs. 2000/ - in default, to suffer rigorous imprisonment for one year. The court, however, observed that both the sentences will run concurrently. The case before the learned trial court was thus: - - "That one written complaint was lodged by one Avishek Das with the Burtolla P.S. wherein he disclosed that he was the owner of a shop for selling Cigarette, Pan Masala etc. in front of 9, Sonagachi Lane, Kolkata -700 006 and that on the day of incident, i.e., on 06 -03 -2012 at about 7 -30 p.m. one person aged about 35/40 years came to his shop and asked for one packet of "Flake Cigarette" and when the said de facto complainant gave him the packet, the accused handed over one note of Rs. 500/ - but that was not like on original note and the said de facto complainant demanded another note and the said man obliged by giving another such note which was also seemed to be unusual and the accused was again asked to change the same which made the accused angry and he started creating disturbance in the shop. Public gathered there including PWs 2 and 4. One police constable, PW 5, was passing through that area and he came to the spot and thereafter the police station. PW 6 was then on patrol duty and here... one message over R.T and he went to the spot and apprehended the said person. The police searched and recovered 153 pieces of currency notes which appeared to be fake. All such notes were of Rs. 500/ - denominations and all those fake Indian currency notes were of 2FC series with different numbers. From the said accused, one driving licence standing in his name was also seized which showed that he was a resident of Jahangirpuri, Delhi - 110033. The articles were seized as per seizure list vide Burtolla P.S. G.D. Entry No. 617 dated 06 -03 -2012 on 06 -03 -2012 in between 20 -30 hrs. and 23 -00 hrs. from in front of "Ma Sitala Store" situated at 9, Sonagachi Lane, Kolkata -700 006. Along with all such notes, two pieces of Indian currency notes of Rs. 500/ - denomination were also seized. Those were also of the same series - 2FC bearing Nos. 877818 and 884911 respectively."
(3.) ONE complaint (PW 1) was filed in English by the de facto complainant giving rise to Burtolla P.S. Case No. 92 dated 07 -03 -2012 under Sections 489B, 489C and 120B of the Code. After the registration of the case, the case was handed over to one Goutam Ruj of the said police station for investigation and during the course of investigation, he forwarded those notes to the expert for his opinion and the expert opined that all those notes were found to be fake.;