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TMI Blog2019 (4) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... ge on her part. This is a fit case where we should exercise our inherent jurisdiction under Section 482 of Code of Criminal Procedure and in any contingency even on culmination of a trial, the charge leveled against the Petitioner cannot be proved and would result into an acquittal - Petition allowed. - CRIMINAL WRIT PETITION NO. 3027 OF 2018 - - - Dated:- 1-10-2018 - MR RANJIT MORE AND SMT. BHARATI H. DANGRE, JJ. For The Petitioner : Mr. Jatin P. Shah For The Respondent :Mr. R. R. Shaikh, APP JUDGMENT :( Per Smt. Bharati H. Dangre, J.) 1. Rule. Rule made returnable forthwith. Heard by consent of the parties. 2. On 7th May, 2017 one Smt. Dipika Prakash Amin working as Bank Cashier with the Saraswat Cooperative Bank Ltd. Vikhroli, lodged complaint stating therein that on 19.12.2016 while she was discharging her duties as cashier one Ms. Sanskriti Salia with A/c No.055203100000285 deposited old currency notes to the tune of ₹ 40,500/. When these notes tendered by the customer, were placed in the Fake Note/Counterfeit Money Detector Machine, three notes of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 500/) were counterfeit. Based on which an offence was registered against the Petitioner under Section 489(B) of the Act on 13th January, 2017 at Police Station Vikhroli. The Petitioner cooperated with the investigation and got her statement recorded. The Petitioner also obtained anticipatory bail from the Sessions Court of Greater Bombay, Mumbai, anticipating her arrest. On completion of investigation, chargesheet was filed against the Petitioner on 17th June, 2017 in the Metropolitan Magistrate, 31st Court, at Vikhroli and the case was committed to the Court of Sessions, Greater Bombay, Mumbai and registered as Sessions Case No.699 of 2017. 5. The Petitioner has approached this Court praying for quashing and setting aside of the said Sessions Case arising out of the CR No.22 of 2017 registered against her, for the offences punishable under Section 489(B) of IPC. In support of the Petitioner, we have heard the learned Counsel Mr. Shah and the learned APP Mr. Shaikh. The learned Counsel for the Petitioner would submit that for invoking the provisions of Section 489(B) of IPC, it is necessary for the prosecution to establish that the Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( ii) Abdul Majeet Abdul Reheman Sarkhot vs. State of Maharashtra, (2001) ALL MR (Cri) 1311. ( iii) Abdul Fakirsaheb Mamtule vs. State of Maharashtra, (2001) ALL MR (Cri) 2264. ( iv) Noor Islam s/o. Sadik Ali vs. The State of Maharashtra, (2016) ALL MR (Cri) 3480. He would also place the reliance on the judgments of the other High Courts taking a similar view. 7. With the assistance of the learned Counsel for the parties, we have carefully perused the chargesheet in the subject crime. The case of the prosecution is that the Petitioner had deposited an amount of ₹ 40,500/on 19th December, 2016 out of which an amount of ₹ 4,000/has been found to be counterfeit currency. The denomination of the said counterfeit currency was three notes of ₹ 1,000/and two notes of ₹ 500/and in terms of the circular issues by the Reserve Bank of India vide Circular No.RBI/201516/ 162, since more than five notes were found to be counterfeited, an offence came to be registered against the Petitioner. The Investigating Officer during the course of investigation has sought an opinion from the Gene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ( i) Continuity of the thread Partly embedded on front fully embedded on Back. Inserted during paper making but imitated 6. Optical response under U.V. light : ( i) Paper optically active / inactive Optically inactive ( ii) Fluorescent Fibers Only single colour fibers are present are imitated (iii) Fluorescent Tint Band: Present ( iv) Security Thread The thread is not glowing. The text is over printed within visible fluorescent links. 7. See though registration Correc 8. Printing quality of straight lines arranged in Different angles on front side of watermark window : Good 9. Latent image of denomination Imitated without intaglio pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 489B. Using as genuine, forged or counterfeit currencynotes or banknotes.- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 2[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 10. Perusal of the said Section would reveal that mens rea is an essential ingredient of the said Section and use of the term knowing or having reason to believe the same to be forged or counterfeit is the sine qua non for inviting penalty under the said provision. When mens rea is conspicuously absent, mere use of any forged or counterfeit currency notes or bank notes cannot attract the provisions of Section 489(B). The essential ingredient of the said offence being that the person, who receives the notes has reason to believe that the said notes are forged or counterfeit. The burden to prove beyond all reasonable doubt, that the accused had knowledge or reason to believe that the cur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e out a case under Section 489C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea. The High Court, however, completely missed this aspect The learned trial judge on the basis of the evidence of P.W. 2, P.W. 4 and P.W. 7 that they were able to make out that currency note alleged to have been given to P.W. 4, was fake presumed such a mens rea. On the date of the incident the appellant was said to be 18 years old student. On the facts of this case the presumption drawn by the trial court is not warranted under Section 4 of the Evidence Act. Further it is also not shown that any specific question with regard to the currencynoted being fake on counterfeit was put to the appellant in his examination under Section 313 of Criminal Procedure Code. On these facts we have no option but to hold that the charges framed under Sections 489B and 489C are not proved. We, therefore, set aside the conviction and sentence passed on the appellant under Sections 489B and 489C of I.P.C. and acquit him of the said charges [see: M. Mammutti Vs. State of Karnataka ]. 11. In light of afore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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