RAM HARI SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Ms. Pushpa Joshi, Senior Advocate, assisted by Mr. Saurav Adhikari, Advocate, for the applicant and Ms. Mamta Joshi, learned Brief Holder, for the State of Uttarakhand. The applicant is in jail having been implicated in Case Crime No. 275 of 2015, which has been registered under Ss. 489B/489C & 34 of IPC at Police Station Kotwali Nagar, District Haridwar.

(2.) The allegation against the present applicant is that he was caught with counterfeit, forged currency note having denomination of Rs. 500/ - and Rs. 1000/ - which he intended to use as genuine. The First Information has been registered under Ss. 489B/489C & 34 of IPC. Ss. 489B and 489C are reproduced below: -

(3.) The contention of the applicant before this Court would be that since he was not caught in the act of using or transferring the counterfeit note but was allegedly caught when he was only in possession of such counterfeit note, an offence, if any, is under Sec. 489C IPC and not under Sec. 489B IPC.