FATEH CHAND AGARWALLA Vs. EMPEROR

JUDGEMENT

(1.) In this case the charge against the accused was as follows:--That he the said Fateh Chand Agarwalla on or about the 26th day of November in the year of our Lord 1915 in Calcutta aforesaid, fraudulently or with intent that fraud might be committed, had in his possession certain counterfeit coins, that is to say, 160 counterfeit rupees, being counterfeit of the King s coin, having known at the time when be became possessed of them that they were counterfeit, and thereby he the said Fateh Chand Agarwalla committed an offence punishable under Section 243 of the Indian Penal Code.

(2.) Secondly, that he the said Fateh Chand Agarwalla at or about the time and in the place aforesaid, fraudulently or with intent that fraud might be committed, had in his possession certain counterfeit coins, that is to say, 3 counterfeit rupees, being counterfeit of the King s coin, having known at the time when he became possessed of them that they were counterfeit, and thereby he the said Fateh Chand Agarwalla committed an offence punishable under Section 243 of the Indian Penal Code.

(3.) He was tried at the Criminal Sessions of this Court; the Jury by an unanimous verdict convicted him of both charges and he was sentenced to a term of imprisonment. A representation was made to the Advocate-General, who gave a certificate under Clause 26 of the Letters Patent to the effect that the question whether the direction to the Jury was right in law and whether certain alleged omissions to direct the Jury do not amount to a misdirection, should be further considered by the High Court, and consequently the petition to this Court was presented.