IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 CRL.A.No. 2081 of 2003() ------------------------ SC.285/2002 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CP.2/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... APPELLANT/COMPLAINANT: ---------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DETECTIVE INSPECTOR, CBCID, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S SIVAKUMAR RESPONDENT/ACCUSED: --------------------------------- IBRAHIM, KUNNUMPURATHU VEETTIL, CHILAVUKARAYIL, KARIMANNOOR VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. ADV. SRI.GEORGEKUTTY MATHEW THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.HEMA ,J. ------------------------- Crl.A No. 2081 of 2003 -------------------------- Dated this the 2nd June, 2011 J U D G M E N T This appeal is filed by the State under Section 377 of the Code of Criminal Procedure to enhance the sentence awarded to the respondent. 2. Accused/respondent was charge-sheeted for offence under Section 489 (B) and (C) read with 34 of Indian Penal Code along with the first accused was absconding. After trial, respondent was acquitted of offences under Section 489 (B) and (C) and found guilty under Section 489 (E) of Indian Penal Code. He was sentenced to pay a fine of Rs.100/- and in default of payment of fine, to undergo simple imprisonment for seven days under Section 489 (E) of Indian Penal Code. 3. The trial court framed a charge against the respondent which reads as follows: “That you, the accused person along with the absconding first accused in furtherance of your common intention to sell counterfeit currency notes of Rs.20/- denomination purchased counterfeit notes worth Rs.15,160/- from one Palaniswami hailing from Coimbatore prior to 10.8.1998d thereby committed the offence under Crl.A No. 2081 of 2003 2 Section 489 B read with 34 IPC. That you, the accused person along with the absconding first accused in furtherance of your common intention to buy and sell counterfeit notes reached at Statue Junction, Tripunithura at 10.15 p.m. on 10.8.1998 and the first accused entrusted the second accused 224 currency notes of the denomination of Rs.20/- and the first accused retained 534 currency notes of the denomination of Rs.20/- and thereby committed the offence under Section 489 C read with 34 IPC and within the cognizance of this court.” 4. On an analysis of the evidence on record, it was found that offence under Section 489 (B) and (C) are not made out but the respondent was in possession of MO1 series which are resembling and held in paragraph 12 as follows: “The evidence of PW1 alone would go to show that the accused possessed M.O1 series which are resembling as to be calculated to deceive any currency note. It has got the appearance of currency note of Rs.20/-. Thus the offence under Section 489 (E) will be attracted to this case. Since 489 (E) IPC is a lesser offence of 489 (B) and (C), the accused can be punished under Section 489 (E) IPC.” 5. According to prosecution, the sentence awarded is too low being Rs.100/- and the default sentence being only seven days of simple imprisonment. The trial court did not Crl.A No. 2081 of 2003 3 also punish the accused by awarding sentence of imprisonment 6. Heard learned Public Prosecutor. There is no representation for the accused/respondent. A reading of Section 489 (E) shows that making or using documents resembling currency notes or bank notes is an offence and the punishment is Rs.100/-. The trial court entered a finding that MO1 series which were seized from possession of accused were resembling the currency notes. 7. A reading of Section 489 E shows that whoever makes or causes to be made, or uses for any purpose whatsoever or delivers to any person to any document purporting to be made, or in any way resembling or so nearly resembling as to be calculated to deceive, any currency note or bank-note shall be punishable. It is interesting to note that even PW1 and 2 admitted that the currency notes which were seized in this case do not “resemble” currency note. What is written on MO1 series is “Raja Beedi Works” and “20 Beedies” and those are Crl.A No. 2081 of 2003 4 recorded in Ext.P1 and P2 mahazar also. In MO2 series it is not even written Rs.20/-. PW1 deposed that he would not even accept such notes in the place of Indian Currency. There are lot of inscriptions and lack of inscriptions on MO1 and MO2 series which clearly show that they have “resemblance” to Indian Currency Notes. 8. PW2 also admitted that on the currencies seized “Raja Beedies” “20 beedies” are written and he also would not accept them in the place of Indian currency. It is also not written “Reserve Bank of India” on the currency notes. Thread mark or picture of Gandhiji is also not seen on the notes. In such circumstances, it cannot actually be said that the notes seized resemble Indian currency and hence offence under Section 489E of Indian Penal Code itself may not be attracted. At any rate, the maximum punishment which can be awarded for offence under Section 489 E is only Rs.100/- and there is absolutely no reason to enhance the sentence. This appeal is dismissed. (Sd/- K.HEMA, JUDGE) ma /True copy/ P.A to Judge