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2026:CGHC:14070 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No.662 of 2007

The date when The date when the The date when the judgment the judgment is judgment is is uploaded on the website

reserved pronounced Operative Full

29.01.2026 24.03.2026 -- 24.03.2026

1 - Rohit Kumar, S/o Kripa Shankar Pandey, aged 32 years, R/o Latiya Road, Police Station Akaltara, District Janjgir-Champa (C.G.)

Appellant (s)

versus

1 - State Of Chhattisgarh through Station House Officer, Police Station Akaltara, District Janjgir-Champa (C.G.)

Respondent(s)

For Appellant (s) : Ms. Vaishali Jeswani, Advocate For Respondent(s) : Mr. Himanshu Yadu, PL

Hon’ble Smt. Justice Rajani Dubey

C A V Judgment

1. The present appeal is directed against the judgment of

conviction and order of sentence dated 24.07.2007 passed by Digitally

the learned Session Judge, Janjgir Champa (C.G.) in ST signed by R

NIRALA No.61/2006, arising out of order dated 04.07.2006 passed by the

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learned Judicial Magistrate, Class-1, Janjgir in Criminal Case No.837/2006, whereby the appellant has been convicted under Sections 489 (B) & 489 (C) of IPC and sentenced to undergo RI for 3 years with fine of Rs.5000/- and RI for 2 years, respectively,

with default stipulation.

2. The prosecution case, in brief, is that accused Rohit Kumar

Pandey on 22/12/2005 reached State Bank of India, Akaltara branch to deposit Rs.50,000/- in the account of his father Kripa Shankar Pandey and Rs.1,51,000/- in the account of his uncle Jata Shankar Pandey and filled the deposit slip and handed over the currency notes to P.W.3 G.L. Dewangan. As in the Cash counter, cashier takes the water from the sponge to count the currency note, colour of some notes got fed. When the other bundles were checked the same fact found. Then the cashier informed to the Branch Manger (P.W.1). P.W.1 Branch Manger told to keep them separately and the Branch Manager got checked the same from Ultra-Violate Machine and caught the counterfeit currency notes. Thereafter a case was registered against the appellant. After investigation, the charge sheet was submitted before the Magistrate concerned and on the basis of the evidence adduced by the prosecution and material available on record, learned trial court convicted and sentenced the

accused/appellant, as mentioned in para 1 of the judgment.

3. Learned counsel for the appellant submits that the judgment

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passed by the learned Trial Court is contrary to law and material available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. She further submits that there is delay in preparing arrest/court surrender memo (Ex-P/3) as the appellant was present in the Bank at that time when the police came to take currency notes. There was no evidence that the appellant had knowledge and intention about the counterfeit currency notes but the said aspects of the matter have not been considered by the learned Trial Court and the appellant has been wrongly convicted and sentenced for the aforesaid offence. Therefore, the appeal deserves to be allowed. Reliance has been placed on the judgment rendered by the Hon’ble Supreme Court in the matter of Dipakbhai Jagdishchandra Patel vs State of Gujarat and

another, reported in (2019) 16 SCC 547.

4. Per contra, learned State counsel supports the impugned

judgment and submits that the learned Trial Court has minutely appreciated the evidence available on record and has rightly convicted the appellant. Therefore, the appeal is liable to be

dismissed.

5. Heard learned counsel for the parties and perused the material

available on record.

6. It is clear from the record of the learned Trial Court that the

learned Trial Court framed charges under Section 489 (B) and Section 120-B of IPC against the appellant and after appreciation

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of oral and documentary evidence available on record, the learned Trial Court convicted and sentenced the appellants, as

mentioned in para 1 of the judgment.

7. PW-2 Suresh