under Section 235(1) of
the Code. But court below found the appellants not guilty
for the offence under Section 489B read with Section ... that charge
under Section 235(1) of the Code of Criminal Procedure,
but found them guilty for the offence under Section 489C
read with Section
respect of the charge punishable under
Sections 489B as well as under Section 489C. 489C is an offence of possession
in respect of "FICNS ... under Section 489B of the
Code.
It is true that there may be conviction in respect of charge punishable
under Section 489B and 489C
fine of Rs.2,000/- each under Section 489C IPC.
CRL.A.No.244/2007
-: 4 :-
Aggrieved by the judgment of conviction dated ... under Section 489B IPC in S.C. No.205/2005 will stand
set aside. But, the conviction against the appellants
under Section 489C
rule was
not issued for conversion of the conviction from Section 489B to Section 489C or
to any higher section ... respect of
the charge under Section 489B of the Code.
As regards the conviction under Section 489C of the Code, he submitted
that this accused
passed therein, the appellant stands
convicted for the offences under Section 489C of
the Indian Penal Code ( IPC ) and was sentenced to
undergo rigorous imprisonment ... same Crime No.271/2005 was
registered by Pathanapuram Police under Section
489C of IPC. Subsequently, the case was taken over
by Detective Inspector, CBCID
registered vide DD No.24A, bearing FIR No.284/04, under
section 489C . Further investigation of this case was handed over to ASI Bhoop
Singh ... hearing the arguments on the point of charge, offences punishable
under section 489C and 489D were framed against the accused persons on
20.11.2004, to which
registered vide DD No.24A, bearing FIR No.284/04, under
section 489C . Further investigation of this case was handed over to ASI Bhoop
Singh ... hearing the arguments on the point of charge, offences punishable
under section 489C and 489D were framed against the accused persons on
20.11.2004, to which
bank notes is not sufficient to make out a
case under Section 489C in the absence of the mens rea,
noted above ... prove his
innocence of possession of fake currency notes. Similarly, under Section
489C IPC, it is to be proved that the accused intended
Sessions Judge convicted the appellant original accused No. 1 under Section 489C of the Indian Penal Code and sentenced him to undergo Imprisonment ... years.
2. The appellant along with two others charged under Section 489C of the Indian Penal Code on the allegation that on 6th April
rigorous
imprisonment for one year each for the offence punishable under section 489C of
I.P.C. All the sentences are to run concurrently.
Prosecution ... under section 259 of I.P.C. may be held to be guilty of the offence
punishable under section 259 read with section 120B
