Mahavir S. Chauhan, J. - (1.) JUDGMENT of conviction and order of sentence dated 25.1.2012 passed by the learned Additional Sessions Judge, Barnala, convicting and sentencing the appellant to undergo imprisonment for 5 years besides payment of fine amounting to Rs. 1000/ - and in default of payment of fine, to undergo further rigorous imprisonment for 6 months under Section 489C of the Indian Penal Code, 1860 (for short, "IPC") are under challenge in this appeal brought by convict Gurcharan Singh under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."). State is contesting the appeal.
(2.) FACT situation constituting the case of the prosecution is that the convict/appellant was found to have in his possession 37 counterfeit currency notes in the denomination of Rs. 1000/ - each and 76 counterfeit currency notes in the denomination of Rs. 500/ - each, which on examination were found to be fake. After conclusion of investigation, a report in terms of Section 173(2), Cr.P.C., was presented before the jurisdictional Magistrate, who, in turn, committed the case to the Court of Session as the offences involved therein were triable exclusively by the Court of Session.
(3.) LEARNED trial Court on hearing the prosecution and the defence found grounds to exist to presume commission of offences punishable under Sections 420, 489B and 489C, IPC, by the convict/appellant and charged him accordingly. After conclusion of prosecution evidence, convict/appellant was examined under Section 313, Cr.P.C., and was called upon to enter upon his defence. He examined two witnesses in his defence.;