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2023 Supreme(J&K) 366

SANJAY DHAR
Mohammad Ashraf Reshi – Appellant
Versus
State Of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. A Qayoom, Advocate, Mr. Muzaffar, Advocate.
For the Respondent: Ms. Rekha Wangnoo, GA.

JUDGMENT :

1) The appellant has called into question judgment dated 23.07.2007, passed by learned Sessions Judge, Jammu, whereby he has been convicted of offences under Section 489-B and 489-C of the RPC. Challenge has also been thrown to order dated 26.07.2007, passed by the learned Sessions Judge, Jammu, whereby the appellant in proof of offence under Section 489-B of RPC has been sentenced to undergo rigorous imprisonment of three years and a to pay a fine of Rs.10,000/- whereas in proof of offence under Section 489-C of RPC, the appellant has been sentenced to undergo rigorous imprisonment of two years with a fine of Rs.5,000/. In default of payment of fine, the appellant has been directed to undergo further imprisonment of like nature for a period of six months and three months respectively.

2) Briefly stated, case of the prosecution is that on 29th October, 1999, the police of Police Post, Parade, Jammu, received an information that a Kashmiri person, namely, appellant herein, has purchased certain articles from Sumitra Gift Centre, Purani Mandi, against payment of fake notes. This information was entered into Daily Diary and on its basis, FIR No.154/1999 for offences under Sec

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