AIR 1937 MADRAS 711

Madras High Court

Hon'ble Judge(s): King , J

Penal Code (45 of 1860) , S.28— Counterfeit coins - Accused counterfeiting coins with intention to foist false case upon his enemy - Accused moving police on putting such coins in enemy's house - No proof of intention on part of accused to put such coins in circulation - Intention of accused is not to practise deception as understood by S. 28-Such coins are not "counterfeit" coins under S. 28. Where the accused counterfeits coins with the intention of using them to foist a false case against his enemy and on putting the coins in the house of the enemy informs the police that the enemy is in possession of such coins and there is no intention proved on the part of the accused to infringe the monopoly of the mint by the manufacture of false coins or to cause loss to the currency-owning public by the circulation of such coins, the intention of the accused is not to practise deception as understood by S, 28, Penal Code. Such coins cannot be said to be "counterfeit" coins within the meaning of S. 28.(Para 712C1,2)