Ramesh vs State of Haryana

Kuldip Singh, J.—The present appeal was filed by Ramesh Singh resident of Village Pabra, Tehsil & District Fatehabad against the judgment and order dated 24.01.2004 passed by learned Additional Sessions Judge, Fatehabad vide which accused-appellant was convicted u/s 489C IPC and was sentenced to undergo rigorous imprisonment for three years.

Brief facts of the case are that on 12.08.1999, Ram Singh-complainant moved a written application (Ex. P-17) before the SHO, Police Station Bhuna, wherein he stated that he is running a grocery shop in Gurudwara building. On 12.08.1999, one person came to his shop to purchase notebooks. He sold 20 dozens notebooks to him. The said person paid the price in the shape of currency note of Rs. 500/- which appeared to be fake. Thereafter, he informed the police about the same by making a telephonic call from neighbouring shop. The number of the said fake currency note is 5BH056022. It was further stated that the fake currency note does not carry the mark of Trimurti and appear to be fake from its face. On an enquiry, the said person disclosed his name as Ramesh son of Jamna Dass, resident of Village Pabra, District Fatehabad. On receipt of a telephonic information, a police party headed by SI/SHO Baljit Singh visited the shop of the complainant-Ram Singh and there accused-Ramesh was produced before the police. The said fake currency note was taken into possession through recovery memo (Ex. P-16). The police, then interrogated the accused-Ramesh who suffered a disclosure statement (Ex. P-18), wherein he disclosed that he has concealed some more currency notes duly wrapped in polythene bag and put under a brick near the wall of Raj Cinema, Bhuna and he can get the same recovered. Accordingly, accused-Ramesh led the police party to the said place and got recovered 12 more fake currency notes in the denomination of Rs. 500/- each. The said fake currency notes were also taken into possession vide recovery memo Ex. P-19.

During the course of investigation, accused-Ramesh disclosed that he had obtained the said fake currency notes from his co-accused, namely, Satpal son of Chhabil Dass, resident of Village Thari, District Fatehabad and accordingly, Satpal (co-accused) was also arrested. The fake currency notes were sent to Government of India, Bank Note Press, Dewas, Madhya Pradesh, which vide opinion (Ex. P-15) opined that the currency notes are fake. After completion of the investigation, challan was presented in the Court.

Both the accused, namely, Ramesh and Satpal were charge-sheeted under Sections 489B and 489C IPC to which they pleaded not guilty.

To support its case, the prosecution has examined seven witnesses, namely, Sh. Krishan Gaur, Technical Officer, Bank Note Press, Dewas, Madhya Pradesh as PW-1, Ram Singh (complainant) as PW-2, Amrit Parkash, Assistant Head Clerk as PW-3, ASI Umed Singh as PW-4, ASI Ram Rup as PW-5, SI Baljit Singh as PW-6 and H.C. Ram Mehar as PW-7 and closed its evidence. In statement u/s 313 Cr.P.C., accused-Ramesh took the plea that false recovery has been planted upon him. Accused claimed innocence. Accused-Satpal also took the similar plea. Accused did not lead any evidence in defence.

After hearing the Public Prosecutor for the State and learned counsel for the accused and going through file, the trial Court acquitted the accused-Satpal of the charges framed against him, whereas accused-Ramesh was convicted u/s 489C of IPC.

I have heard the learned counsel for the appellant, learned DAG for State and have also carefully gone through the case file.

Sh. Krishan Gaur, Technical Officer, Bank Note Press, Dewas, Madhya Pradesh (PW-1), has proved that the sealed parcel of the currency notes (Ex. P-1 to Ex. P-13) was received by their office. The currency notes were examined and found to be fake. Ram Singh (PW-2) testified that one person came to purchase articles from his shop and handed-over Rs. 500/- note to him as price for those articles. As the said currency note appeared to be fake, he immediately informed the police. The fake currency note was handed-over to the police. However, Ram Singh (PW-2) deposed in his evidence that he does not know the name of the said person nor he can identify the said person (accused-Ramesh). He was declared hostile by the prosecution and when he was cross-examined by the learned Public Prosecutor for the State, he admitted that an application (Ex. P-17) was written in his hand and was given to the police in which he mentioned the said person as Ramesh son of Jamna Dass Goshain, resident of Village Pabra. He also admitted that the said person was arrested by the police in his presence at his shop. The Police Station is nearly 200 yards away from his shop. The police immediately came at the spot. The Arresting Officer SI, Baljit Singh (PW-6) testified that on 12.08.1999, when he was posted as SHO of Police Station Bhuna, he received a telephonic message from Ram Singh-complainant that a person in his shop has given him a fake currency note of Rs. 500/- for purchasing articles. Then, he along with ASI Ram Rup and other police officials visited the shop of Ram Singh-complainant and there accused-Ramesh was produced before him by Ram Singh-complainant. He also moved an application (Ex. P-17) and also produced the fake currency note (Ex. P-13) which was taken into possession through recovery memo (Ex. P-16). On the basis of the same FIR (Ex. P-21) was registered. He further stated that the said accused-Ramesh was interrogated in the presence of ASI Ram Rup and Constable Gopal. Accused-Ramesh suffered the disclosure statement (Ex. P-18) that he has kept concealed more fake currency notes near the wall of Raj Cinema, Bhuna. Accordingly, he got recovered 12 more fake currency notes from the said place which were taken into possession through recovery memo (Ex. P-19). During interrogation on 13.08.1999, accused-Ramesh also disclosed that the fake currency notes were supplied to him by co-accused-Satpal.

The learned counsel for the appellant has argued that in this case the complainant-Ram Singh was declared hostile, therefore his evidence should be discarded as a whole.

I am unable to agree with the contention of learned counsel for the appellant. The complainant-Ram Singh has stood to his ground and he merely refused to identify the accused-Ramesh Kumar. However he has supported the prosecution case on all the other aspects. He has also stated that accused-Ramesh Kumar was arrested in his presence by the police. He also stated that he had moved a written complaint (Ex. P-17) before the police. He admitted that he had informed the police on telephone. SI Baljit Singh (PW-6) has proved that he had arrested the accused-Ramesh Kumar when he visited the shop of the complainant-Ram Singh after getting the telephonic message. He also proved the recovery of 12 more currency notes on the basis of disclosure statement of accused-Ramesh. Therefore, when the evidence of Ram Singh is read with the evidence of SI Baljit Singh, it becomes clear that total 13 fake currency notes were being carried by the accused-Ramesh. He tried to use one of the note as genuine while purchasing articles from complainant''s shop. The statement of Sh. Krishan Gaur, Technical Officer, Bank Note Press, Dewas, Madhya Pradesh, has proved that the said currency notes are fake. The said fake currency notes (Ex. P-1 to Ex. P-13) are on file. Even a common man, just from the visual glance, can make out that these are not genuine notes. The fact that accused-Ramesh Kumar tried to use one of the currency note as genuine and that he was found in possession of 12 more fake currency notes in denomination of Rs. 500/-, goes to show that he was knowing that the currency notes are fake and he kept the same in his possession with an intention to use it.

The learned counsel for the appellant has further argued that the story of recovery of 12 more fake currency notes in pursuance to the disclosure statement cannot be believed. It is unlikely that a person will keep fake currency notes concealed near the wall of Raj Cinema, Bhuna under a brick as claimed by the police. I am of the view that the criminals have their own way of working. The prosecution story from its face cannot be termed as false. Accused-Ramesh was caught red-handed while trying to use one of the fake currency note as genuine. Thereafter, the police was called at the spot and accused-Ramesh was handed-over to the police.

From the foregoing, it is clear that accused was in possession of total 13 fake currency notes knowing that these are fake and he tried to use one of the fake currency note as genuine indicating that he intended to use as genuine 12 more fake currency notes recovered from him. It being so, no fault can be found with the finding recorded by the trial Court. Consequently, there are no merits in the present appeal. The learned counsel for the appellant has argued that accused may be sentenced to undergo imprisonment for the period already undergone by him. I am of the view that fake currency notes in our country are shaking the very basis of our economy. Therefore, it cannot be taken so lightly. I do not find any ground to reduce the sentence.

Accordingly, the present appeal is dismissed. Accused is on bail. His bail bonds/surety bonds are cancelled. Accused is ordered to be immediately arrested and committed to jail to undergo remaining part of the sentence.