' Sajawal petitioner was tried under sections 420 and 489-B, P.P.C. on the charge of cheating and using as genuine forged currency notes. He was convicted by Magistrate Section 30, Multan and sentenced as under:- (i)Under section 420, P.P.C.One year's R.I.
(ii)Under section 489-B, P.P.CFour years' R.I.
Both the sentences were to run concurrently. The appeal filed by him against his conviction and sentence was dismissed by Additional Sessions Judge, Multan on 29-6-1983. Hence this revision.
2. Learned counsel for the petitioner submits that since the act of the petitioner does not amount to cheating within the meaning of section 415, P.P.C., therefore, he could not have been convicted under section 420, P.P.C. As for his conviction under section 489-B, P.P.C., learned counsel submitted that there was/is nothing in evidence to show that the petitioner knew or had reason to believe the currency notes used by him were forged. The learned counsel for the State has not been able to controvert him.
3. I have considered the matter carefully. I agree with the learned counsel for the petitioner. The prosecution case is that the petitioner purchased articles from Intizar Ali Shah P.W.1 and Abdul Majid P.W. shopkeepers on 9-11-1978. Since the notes appeared to be forged and fake, so the aforesaid shopkeepers apprehended and handed him over to the police alongwith the currency notes. There is nothing in evidence that the petitioner knew or had reason to believe that the currency notes were forged. Furthermore, the ingredients of section 420, P.P.C. do not stand proved against the petitioner, inasmuch as unless they knew the currency notes to be forged it cannot be said that they had deceitfully induced the shopkeepers to deliver the articles to him. For these reasons I am of the view that prosecution has not been able to prove its case beyond reasonable doubt.
4. For what has been said above, the revision is accepted and the petitioner is acquitted of the charges. He is on bail. He stands discharged of the hail bond.