JUDGMENT

The appellant is the accused in S.C.No.596 of 2009 on the files of the Sessions Court, Kozhikode. The II Additional Sessions Judge, Kozhikode who tried the appellant on a charge under Sections 489B and 489C of the Indian Penal Code , 1860 ( IPC ) found him guilty of the offence under Section 489C alone. He was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.50,000/-. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Section 374 (2) of the Code of Criminal Procedure , 1973 (Code).

2. The allegations against the appellant were the following:

At about 07.45 p.m., on 27.03.2005, the appellant purchased bed sheets worth Rs.150/- from PW1, a street vendor selling clothes near Colombo Stores in S.M.Street, Kozhikode and gave a 500 rupee note for payment of its price. That currency note was found to be fake, which resulted in an altercation. As informed, the police reached and took the appellant and one C.V.Kareem to the police station. In the search conducted subsequently, currency notes of 100, 500 and 1000 rupee denominations were seized from house bearing door No.11/505 of Panang