THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.142 OF 2010. DATED: 05-02-2010. Between: State of A.P. rep. By Public Prosecutor, High Court of A.P. Hyderabad. … Appellant/Complainant and P.Suneel Kumar and two others. … Respondents/Accused THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL NO.142 OF 2010. JUDGMENT: This Criminal Appeal by the State under Section 378 (1) and (3) Cr.P.C., is preferred against the judgment, dated 16-04-2008, in S.C.No.557 of 2007, on the file of the IV Additional Assistant Sessions Judge, Guntur, in acquitting the respondents 1 to 3-A1 to A3 of the offence punishable under Sections 489-B and 489-C IPC 2. Brief facts, that are necessary for disposal of the present Criminal Appeal, may be stated as follows: On 25-09-2006 at about 3.00 P.M. on receipt of credible information about A1 to A3 exchanging fake currency notes, the Sub Inspector of Police along with staff and mediators went to the house bearing D.No.12-27-162, Seelamvari Street, Kothapet, Guntur, and found A1 to A3 in possession of Rs.4,500/- fake currency notes each of Rs.100/- denomination and they seized the same under a cover of mediators report. During the course of investigation, it came to light that A1 to A3 contacted their friend Venkat and agreed to exchange fake currency notes. The said Venkat collected original currency notes of Rs.5,000/- from A1 to A3 and gave Rs.15,000/- fake currency notes. When the fake currency notes were sent to FSL, Hyderabad, it was opined that the notes are counterfeit currency notes. After completion of investigation, charge sheet was filed. 3. When charges under Sections 489-B and 489-C IPC were framed, read over and explained to the accused in Telugu, they pleaded not guilty and claimed to be tried. 4. To substantiate the charges, the prosecution examined P.Ws. 1 to 5 and got marked Exs.P1 to P8 besides case property, M.Os.1 to 3. 5. After closure of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. with reference to the incriminating circumstances appearing against them in the evidence of prosecution witnesses. They denied the same and reported no evidence. 6. The trial Court upon consideration of entire oral and documentary evidence available on record came to the conclusion that the prosecution failed to establish the possession of counterfeit currency notes numbering 45 each from the accused and accordingly, acquitted the accused. Challenging the same, State preferred this appeal. 7. Now the point that arises for consideration is whether the prosecution proved its case against the accused of the charges under Sections 489-B and 489-C IPC and whether the judgment of the trial Court is legal, correct and proper? 8. Heard the counsel representing the learned Public Prosecutor and perused the impugned judgment. 9. While dealing with the order of acquittal, though the appellate Court has got full power to re-appreciate the evidence, but it will be slow in interfering with the same in view of the fact that there is a presumption under law that the accused is presumed to be innocent unless contrary is proved and that presumption of innocence is further strengthened by an order of acquittal. Unless the findings are improper or illegal or incorrect, ordinarily this Court would not interfere with the same. 10. Section 489-B IPC reads thus: “Using as genuine forged or counterfeit currency notes or bank notes: Whoever sells to, or buys or receives from any other person or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or banknote knowing or having reason to believe the same to be forged or counterfeit, shall be punishable” Section 489-C IPC reads thus: “Possession of forged or counterfeit currency notes or bank notes: Whoever has in his possession any forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that is may be used as genuine, shall be punishable” 11. Insofar as Section 489-B IPC is concerned, there must be knowledge or reason to believe that the notes used were forged or counterfeit. Insofar as Section 489-C IPC is concerned, having possession of forged or counterfeit currency notes, accused intending to use the same as genuine must be established. The entire case rests upon the solitary testimony of P.W.5, who is the Investigating officer. The persons who acted as mediators for arrest of the accused and seizure of fake currency notes i.e., M.Os.1 to 3 did not support the case of the prosecution. The evidence of P.W.5 would go to show that the accused were exchanging the counterfeit currency notes in a Bar and Restaurant. Such is the case, the Investigating Officer must have examined some persons connected with the said Bar and Restaurant. During the course of investigation, P.W.5 came to know that one Venkat gave M.Os. 1 to 3 to the accused, but he did not make any effort to arrest the said Venkat. It must be shown that the accused was having knowledge that they were in possession of counterfeit currency notes and that they intended to use the same as genuine. No doubt with what knowledge and intention, the accused were found in possession of M.Os. 1 to 3 is not known to the prosecution, but it can be inferred from the circumstances of the case. There are no other circumstances to infer that the accused were having knowledge that they were in possession of M.Os. 1 to 3 counterfeit currency notes and they intended to use the same as genuine. Using the counterfeit currency notes as genuine by the accused is not established. Therefore, the trial Court rightly acquitted the accused and there are no compelling or substantial reasons to interfere with the same. 12. Accordingly, the Criminal Appeal is dismissed at the stage of admission confirming the judgment, dated 16-04-2008, in S.C.No.557 of 2007, on the file of the IV Additional Assistant Sessions Judge, Guntur --------------------- K.C.BHANU, J DATED:05-02-2010 Hsd