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From the conspectus of the entire materials on record, this Court is of the view that from the possession of the appellant Abhijay Pandey (Cr. Appeal No. 48 of 2017) but for a mobile telephone, nothing was recovered whereas from the possession Patna High Court CR. APP (SJ) No.72 of 2017 dt.29-01-2018 of appellant Sanjeet Kumar Sharma (Cr. Appeal No. 587 of 2017), no firearm weapon was recovered.

So far as recovery of fake currency notes are concerned, the same could not be established beyond all reasonable doubts. I say so for the reason that according to the admitted case of the prosecution, the bundles of fake currency notes were found containing plain sheets of paper on which two genuine notes were tied on either side of each bundle. Even those sheets of paper were not sent for any examination and none of the witnesses on behalf of the prosecution claim to be trained in identifying fake notes. The I.O. of this case viz. P.W. 7 has stated that from bare look of those notes, it appeared to be fake and therefore, there was no necessity of sending those bundles for any examination. It would, in the aforesaid context be necessary to know as to what constitutes the offences under Sections 489C and 489E of the Indian Penal Code.

A plain sheet of paper cannot be used for cheating anybody or for passing it off as currency note. Since, admittedly nothing was recovered from the possession of the appellants which could be used for printing counterfeit notes and the appellants having been acquitted of the charges under Sections 420 and 471 of the Indian Penal Code, it can safely be presumed that no evidence could be collected against the appellants for having committing forgery for the purposes of cheating or for using as genuine any forged document or electronic record. Thus, for the application of Section 489C and 489E of the Indian Penal Code, currency notes are required to be fake and not plain sheets of paper, which can never be misunderstood as currency notes. The intention to use the same as genuine is lacking because of those bundles being of plain sheets of paper. Without such intention and without such so called fake notes being in the nature of currency notes, the offences under Sections 489C and 489E of the Indian Penal Code cannot be said to have been made out. For prosecuting someone for possession and making of fake currency notes, the so called currency notes must Patna High Court CR. APP (SJ) No.72 of 2017 dt.29-01-2018 resemble the genuine currency notes or bank-notes.

Similarly, in the event of the offences under Sections 489C and 489E of the Indian Penal Code not having been made out as against other appellants, all of them are acquitted of the charges under the aforesaid Sections.

Since, no weapon has been recovered from the possession of appellant Sanjeet Kumar Sharma (Cr. Appeal No. 587 Patna High Court CR. APP (SJ) No.72 of 2017 dt.29-01-2018 of 2017), he too is acquitted of the charges.