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1981 Supreme(P&H) 50
PUNJAB & HARYANA HIGH COURT
M.M.Punchhi, J.
Bachan Singh And Another
Versus
State Of Punjab
Criminal Appeal No. 549 of 1979,
Decided On : FEBRUARY 24, 1981
Made-up notes, consisting of two portions of two different currency notes joined together, can be considered counterfeit notes under Sections 489-A to 489-D of the Indian Penal Code if they are intended to resemble genuine currency notes and deceive the public.
Headnote:
COUNTERFEIT CURRENCY - MADE-UP NOTES - SECTIONS 420/511, 489-B, 489-C, INDIAN PENAL CODE - INTERPRETATION - INTENTION TO USE AS GENUINE - POSSESSION - PROOF - BURDEN OF PROOF.
Fact of the Case:
Appellants, Bachan Singh and Joginder Kaur, were convicted for attempting to cheat, trafficking in counterfeit currency, and possessing counterfeit currency. Bachan Singh was found with 13 counterfeit ten-rupee notes, while Joginder Kaur had one counterfeit ten-rupee note.
Finding of the Court:
The court found that the notes in question were "made-up notes," consisting of two portions of two different currency notes joined together. The court held that made-up notes could be considered counterfeit notes under Sections 489-A to 489-D of the Indian Penal Code, as they were intended to resemble genuine currency notes and deceive the public.
Issues: 1. Whether made-up notes can be considered counterfeit notes under Sections 489-A to 489-D of the Indian Penal Code? 2. Whether the prosecution proved that the appellants had the intention to use the made-up notes as genuine? 3. Whether the prosecution proved that the appellants possessed the made-up notes with the intention to use them as genuine?
Ratio Decidendi: 1. The court held that made-up notes could be considered counterfeit notes under Sections 489-A to 489-D of the Indian Penal Code because they were intended to resemble genuine currency notes and deceive the public. The court reasoned that counterfeiting involves creating something to resemble something else with the intent to deceive, and that joining two different pieces of two genuine currency notes to create a made-up note would fall within this definition. 2. The court found that the prosecution failed to prove that the appellants had the intention to use the made-up notes as genuine. The court noted that Joginder Kaur had only tendered one made-up note to a shopkeeper, who immediately recognized it as counterfeit, and that there was no evidence that she had ever attempted to use such notes before or that she possessed a large number of them. The court also found that there was no evidence that Bachan Singh intended to use the made-up notes as genuine, as he was a barely literate iron-smith who may have possessed the notes for the purpose of converting them into legal tender at the Reserve Bank of India.
Final Decision: The court allowed the appeal and acquitted the appellants of all charges.
1. This is an appeal by Bachan Singh, an iron-smith and his wife Joginder Kaur, an illiterate lady, both residents of Ludhiana.
2. The facts as found by the trial Judge and which are not seriously disputed in the present appeal are thus : On 17-6-1998, Kundan Lal, P.W. 1, was approached by Joginder Kour appellant with a ten rupee currency note, Exhibit P. 1, asking for its change. He checked the note in the light and observed that the note had one side darker than the other. He suspected it not to be genuine. His suspicion was confirmed by his son Vishwa Nath and his neighbouring shop-keeper Dalip Singh P.W. 3. In the meantime the police party headed by Assistant Sub-Inspector Jagjit Singh, P.W. 4, reached there, Kundan Lal, P.W. 1, made statement Exhibit P. C. to the Assistant Sub-Inspector which became the basis of the first information report. At that time Bachan Singh appellant was with his wife. The Assistant. Sub-Inspector arrested both the accused and on personal search of Bachan Singh thirteen counterfeit currency notes, Exhibits P. 2 to P. 14 and other 21 ten rupee notes were recovered. These facts stood supported in the evidence of Kundan Lal, P.W. 1, Dalip Singh, P.W. 3 and Assistant Sub-Inspector Jagjit Singh, P.W. 4, whose statements have been relied upon by the trial Judge in recording the order of conviction.
3. The defence is at variance. According to Joginder Kaur, she alone was in the bazaar and had approached Kundan Lal, P.W. 1 offering him the note, Exhibit P. 1, for change since she had to pay rickshaw fare. Kundan Lal, P.W. 1, told her that the note was not genuine and then she offered another note. On this there was an altercation and she was taken to the police station and falsely implicated. Bachan Singh appellant claimed that when his wife was in the police station he was present in his house when Assistant Sub-Inspector Jagjit Singh, P.W. 4 and some constables came there, demanded of him Rs. 200.00 to secure release of his wife and on his disinclination beat him, took away Rs. 1400.00 from his box lying, in his house and then he was falsely involved in the case. He got himself medically examined. He even filed a complaint against Assistant Sub-Inspector Jagjit Singh in which the latter was summoned. Exhibit D. A. was a copy of the complaint. The defence was rejected by the trial Judge.
4. Joginder Kaur was convicted :
(i) Under Section 420/511, Indian Penal Code for attempting to cheat Kundan Lal, P.W. 1. She was sentenced to two years rigorous imprisonment and a fine of Rs. 500.00 ; in default six months rigorous imprisonment;
(ii) Under Section 489-B, Indian Penal Code, for trafficking in or using as genuine a forged or a counterfeit currency note knowing or having reason to believe the same to be forged or counterfeit. For such offence she was sentenced to four years rigorous imprisonment and a fine of Rs. 500.00 ; in default six months rigorous imprisonment; and
(iii) Under Section 489-C, Indian Penal Code for having in her possession a forged or counterfeit currency note knowing or having reason to believe the same to be forged or counterfeit and intended to use the same as genuine. For such offence she was sentenced to two years rigorous imprisonment. All the sentences were ordered to run concurrently.
5. Bachan Singh was convicted and sentenced :
(i) Under Section 489-C, Indian Penal Code for having in his possession forged or counterfeit currency notes knowing or having reason to believe the same to be forged or counterfeit and intended to use the same as genuine. For such offence he was sentenced to four years rigorous imprisonment and a fine of Rs. 500.00 ; in default six months rigorous imprisonment.
6. Shri R.S. Palta, learned counsel for the appellants rightly considered that it would be an uphill task to dislodge the prosecution version as far as the recoveries of the notes from the respective two appellants are concerned. Though Assistant Sub-Inspector Jagjit Singh, P.W. 4, has
