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Delhi District Court

State vs Mali Ram Aggarwal on 17 October, 2011

              IN THE COURT OF SH. NARINDER KUMAR
           ADDITIONAL SESSIONS JUDGE (CENTRAL): DELHI


In the matter of :-

State

                      Versus

Mali Ram Aggarwal,
S/o Late Dwarka Prasad Aggarwal,
R/o A-381, Ist Floor, Shastri Nagar,
New Delhi.                                     .....Accused

S. C. No. 21/2011
FIR No.219/08
PS Karol Bagh
U/s 489C IPC


JUDGMENT

Mali Ram (accused) has been facing trial of an offence under Section 489C IPC on the accusation that on 29.10.2008 at about 3 pm, accused kept in his possession 34 forged and counter feit currency notes, each of the denomination of Rs.500/-, knowing and having reasons to believe the same to be forged and counter feit and intending to use the same as genuine.

2. After compliance with provisions of Section 207 CrPC. On receipt of challan by commitment, matter was listed for arguments on the point of charge but at that time, accused came up with an application under Section 265B CrPC i.e. for plea bargaining. The application came to be assigned to the Court of Sh. P. K. Jain, Learned Additional Sessions Judge-01 (Central), Delhi.

3. Report has been received from learned Additional Sessions Judge-01 (Central), Delhi that the plea-bargaining application of the accused has been accepted, as per Mutually Satisfactory Disposition of both the parties, with the condition that accused shall deposit fine of Rs.17000/- before this Court. This Court therefore holds him guilty of the offence under Section 489C IPC.

4. I have heard Learned Addl. PP for State, accused and learned defence counsel on the point of sentence. In plea-bargaining proceedings, accused has voluntarily arrived at Mutually Satisfactory Disposition with the State without any undue influence or promise from any corner, and accepted the condition to deposit of fine of Rs.17000/-.

Learned Add. PP for State submits that State would feel satisfied with deposit of Rs.17000/-, agreed to be paid by the accused during plea- bargaining proceedings.

This is not a case where minimum punishment has been provided for the offence under Section 489C IPC. Having regard to the Mutually Satisfactory Disposition by both the parties during plea-bargaining and that offence under Section 489C IPC is punishable even with fine, accused is hereby sentenced to pay fine of Rs.17000/- only for the offence under Section 489C IPC. Case property be disposed of in accordance with rules File be consigned to record room.

Announced in Open Court
on 17.10.2011                              (Narinder Kumar )
                                   Additional Sessions Judge(Central)
                                                   Delhi.




FIR No. 219/2008                              2