LEGAL PRINCIPLE Whoever delivers to another person as genuine any counterfeit currency which he knows to be counterfeit, but which that other person is not aware of at the time when he received it, is guilty of counterfeiting currency.
FACTUAL SITUATION While returning home one day, Roshni realises that the local shopkeeper has given her a fake note of ₹1000. Disappointed, she goes to the same shop and buys cosmetics worth ₹600. She then passes the same fake note to the shopkeeper. The shopkeeper while inspecting the note finds out that it is fake. Is Roshni guilty?
Options
No, as she was merely attempting to return the note to the same shopkeeper who gave her the note.
No, she is not guilty of any offence as neither did she manufacture the note nor did she circulate it with a view to deceive the public.
Yes, as she attempted to pass on a note which she knew was counterfeit.
No, the shopkeeper is guilty as he was the one who circulated the counterfeit note to Roshni.
Solution
Yes, as she attempted to pass on a note which she knew was counterfeit.
Explanation:
Roshni acted with malafide intention by using the same note eventhough she was fully aware that the shopkeeper had given her the counterfeited note. Her intention was clear at the time she had reused the same note for purchasing cosmetics from it.
