JUDGMENT

Allsop, J. - This is an application by Meer Singh, who has been sentenced to rigorous imprisonment for a period of three months and to a fine of Rupees 100 under Rule 38(1)(a) read with Rule 34(6)(j), Defence of India Act. The facts found are that one Earn Narain went to the applicant's shop on 17th June 1940 and bought some flour and gram for five annas and three pies ; he presented a currency note for Rs. 10 and asked for change; the applicant refused to accept the note. The learned Judge of the lower appellate Court has believed the evidence of the witnesses for the prosecution. They say that the applicant made some excuses, but eventually said that he would not accept a currency note. One of them has said that the accused stated that currency notes were no longer legal tender and that Government themselves refused to accept them in their treasuries. The trial Court was of the same opinion as the Judge. Both Courts have found that by refusing to take the currency note in the circumstances related the applicant was undermining public confidence in the paper currency of the Government of India. The learned Judge has referred to the fact that at that time there was an indic