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Judgment
V.K. Bali, J.
Ashok Kumar Rana through present petition filed by him under Section 482 Cr.P.C. seeks quashing of FIR No. 278 dated June 22, 1990, under Sections 489A and 489B of the Indian Penal Code pertaining to Police Station Central, Chandigarh, Annexure P1.
Brief facts, as mentioned in Annexure P1 reveal that a note of Rs. 100/ was tendered at the counter of the Bank along with other notes for passing by the petitioner, an employee of the National Woollen Mills. It was stated by the petitioner that Shri Om Nagpal, who was also an employee of National Woollen Mills, had given him notes of about 9000/ for exchanging the same and he was going to Sector 17. The forged note was one of those notes given by Shri Om Nagpal and that the note did not belong of him. A copy of his statement was forwarded to the SSP, Chandigarh for information and necessary action. It is on the basis of allegations, as detailed above, that an FIR, Annexure P1, came to be lodged against the petitioner.
It is the case of petitioner and which shall also be reflected by Annexure P2, that a letter was addressed to the SHO by the National Woollen Mills wherein it was mentioned that Shri Om Nagpal and Ashok Kumar Rana were their employees and that most of bank transactions were being carried out by them. It is further stated therein that the petitioner was deputed by the Mills on June 15, 1990 to change the torn notes of different denominations from the Reserve Bank of India, Sector 17, Chandigarh. These notes were received by them from different parties/banks etc. and they could not, however, say as to from which party they had received the counterfeit note.
In view of the Annexure P2, referred to above, there is no need to go into the question raised by the learned counsel representing the petitioner that petitioner was not in conscious possession of one counterfeit note which did not belong to him and at the most he was acting on behalf of his employer in depositing the same in the Reserve Bank of India. Inasmuch as, the counterfeit note did not belong to the petitioner nor he was in conscious possession of the same, the FIR against him deserve to be quashed. So ordered.