Case Note & Summary
The appellant, Mansur Azaruddin Shaikh, was convicted by the 2nd Ad-Hoc Sessions Judge, Sewree, Mumbai, for offences under Sections 489B and 489C of the Indian Penal Code (IPC) for using and possessing a counterfeit Rs.500 currency note. The incident occurred on 12 November 2008 when the appellant purchased a CD from the complainant, Shahid Kallu Khan, for Rs.100 and paid with a Rs.500 note. The complainant suspected the note was fake and attempted to return it, but the appellant tried to flee. Police personnel on patrol caught him. The trial court sentenced him to 10 years rigorous imprisonment under Section 489B and 7 years under Section 489C, with fines and default sentences, to run concurrently. The appellant was also acquitted under Section 420 IPC. The appellant appealed to the Bombay High Court. On the date of hearing, no advocate appeared for the appellant despite multiple adjournments. The court, relying on Surya Baksh Singh v. State of Uttar Pradesh (2014) 14 SCC 222, proceeded to hear the appeal in the absence of the appellant's counsel. The court heard the learned APP and perused the evidence. The court found that the prosecution had proved the case beyond reasonable doubt through the testimony of the complainant and police witnesses. The conviction and sentences were upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Counterfeit Currency - Sections 489B and 489C Indian Penal Code, 1860 - Use and Possession of Fake Currency Note - The appellant was convicted for using a fake Rs.500 note to purchase a CD and for possessing the same - The court upheld the conviction based on the testimony of the complainant and police witnesses, finding that the appellant had knowledge of the counterfeit nature - Held that the prosecution proved its case beyond reasonable doubt (Paras 4-5).
Issue of Consideration
Whether the conviction of the appellant under Sections 489B and 489C of the Indian Penal Code for using and possessing a fake currency note is sustainable based on the evidence on record
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court under Sections 489B and 489C IPC are upheld.
Law Points
- Conviction under Sections 489B and 489C IPC requires proof of possession and use of counterfeit currency with knowledge
- absence of advocate does not bar hearing if accused is in custody
- concurrent sentences permissible
