IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 CRL.A.No. 850 of 2000 S.C.203/1990 of I ADDL. SESSIONS COURT, KOLLAM .................... APPELLANT/ACCUSED NO.10: LEKSHMANAN NADAR, S/O KOCHU NADAR PUVACHAL MEKKUMKARA THADATHARIKATHU PUTHEN VEEDU, KUZHAKKATTU MURI PERUMKULAM PAKUTHY. BY ADV. SRI.B.MOHANLAL RESPONDENTS/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJETH ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.850 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January 2008 JUDGMENT Appellant is accused no.10 who was tried along with nine others in S.C.203/90 on the file of the Sessions Court, Kollam for offences punishable under Sections 489 A to D and 120B read with Section 34 IPC. The specific charge against the appellant was that he had presented two fifty rupee counterfeit currency notes before the Poovachal Service Co- operative Credit Bank as part of a total remittance of Rs.1,000/- towards his loan account on July 21, 1981. PW11, who was the Secretary of the Bank, had deposed before the court that the appellant had come to the bank at about 10 a.m. to remit a sum of Rs.1,000/- and approached the cashier for making the remittance. Since two fifty rupee notes appeared to be counterfeit, they were kept apart and a receipt for Rs.900 was issued. Police was informed about the incident. Police came to the Bank and took the accused to the police station along with the two currency notes. Later, the Crl.A.No.850 OF 2000 :: 2 :: police had come to the bank with the accused. Ext.P10 statement was recorded by the Police and the two currency notes were taken into custody, which were marked as M.O.1 and M.O.1(a). The trial court, mainly relying on the evidence of PW11, had come to the conclusion that the charge against the appellant under Section 489C had been satisfactorily proved. 2. It was admitted by PW11 that the appellant had availed of a loan from the Bank for purchase of a bullock cart and it was in respect of the said loan that he had come to the bank to make the remittance of Rs.1,000/- on that day. The fact remains that Rs.900/- out of the sum remitted by the appellant were genuine currency notes. But only two fifty rupee notes happened to be counterfeit. There is nothing on record to indicate that the appellant was conscious or aware of the fact that they were counterfeit notes. Apparently he was an illiterate person who was eking out his livelihood from the income that he derived as a bullock cart driver. Crl.A.No.850 OF 2000 :: 3 :: 3. In the absence of any contra evidence, I am inclined to accept the plea made on behalf of the appellant that he was an innocent holder of the counterfeit currency notes in question. The evidence of PW11 at any rate, was not sufficient to hold the appellant guilty of the offence under Section 489C IPC. Therefore, the finding entered by the trial court holding the appellant guilty under Section 489C is set aside. Appellant is acquitted of the charges levelled against him under Section 489C. The appeal is allowed. (A.K.BASHEER, JUDGE) jes Crl.A.No.850 OF 2000 :: 4 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.A.No.850 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 31st Jan. 2008