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2019 (4) TMI 1194 - HC - Indian LawsFake Note/Counterfeit Money - Section 489(B) of Indian Penal Code - presence of element of mens rea or not - whether on the basis of the material collected by the investigating agency and on the basis of which chargesheet has been filed, whether invocation and application of Section 489(B) of IPC against the Petitioner is justified? HELD THAT:- Mere possession of the counterfeit notes is not punishable under law and it must be established by prosecution that possession was with a knowledge that the said currency notes are fake or counterfeit. In such circumstances, in absence of any evidence brought on record by the prosecution as a part of chargesheet to demonstrate that possession of the Petitioner of the alleged currency notes which were deposited by her in the bank on 19th December, 2016 was with a knowledge that the same were counterfeit, Petitioner cannot tried for an offence under Section 489(B) in absence of any material to attribute such a knowledge on her part. This is a fit case where we should exercise our inherent jurisdiction under Section 482 of Code of Criminal Procedure and in any contingency even on culmination of a trial, the charge leveled against the Petitioner cannot be proved and would result into an acquittal - Petition allowed.
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