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This criminal revision under Section 397/401 of Cr.P.C. has been filed against the order dated 27.9.2017 passed by Additional Sessions Judge, Dabra, District Gwalior in S.T.No.68/2017 by which the Trial Court framed the charges under Sections 489B and 489C of IPC.

The necessary facts for the disposal of the present revision in short are that on 29.5.2017 the police received an information from an informer and accordingly the police force went to Geeta Talkies where two persons were found standing. On interrogation, they disclosed their names as Virendra Sharma and Harendra Sharma. On physical search, 25 fake currency-notes of denomination of Rs.2000/- and 29 fake currency-notes of denomination of Rs.2000/- were found from the possession of Virendra Sharma and Harendra Sharma respectively apart from other articles. The police registered the offence under Sections 489B and 489C of IPC and after concluding the investigation filed the charge sheet for the said offences.

The Trial Court by order dated 27.9.2017 framed the charges under Sections 489B and 489C of IPC against the applicants.

Challenging the order framing charges, it is submitted by the counsel for the applicants that the recovery of fake currency-notes has been made on the basis of confessional THE HIGH COURT OF MADHYA PRADESH statement made by the applicants and it is well established principle of law that the confessional statement made by an accused to a police officer in the police custody is not admissible in the light of Sections 25 and 26 of Evidence Act. It is further submitted that no offence under Sections 489B and 489C of IPC is made out and accordingly, the order dated 27.9.2017 passed by the Trial Court in S.T.No.68/2017 by which the charges have been framed under Sections 489B and 489C of IPC is liable to be set aside and the applicants may be discharged.

Heard the learned counsel for the parties. Sections 489B and 489C of IPC read as under:-

"489B. Using as genuine, forged or counterfeit currency-notes or bank- notes.--Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or THE HIGH COURT OF MADHYA PRADESH bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

It is the prosecution case that the applicants were found in possession of 25 and 29 fake/counterfeit currency- notes of denomination of Rs.2000/-. Being in possession of fake/counterfeit currency-notes clearly shows that the applicants were intending to use the same as genuine or it might have been used as genuine. Thus, it is clear that prima facie an offence under Section 489C of IPC is made out.

So far as the offence under Section 489B of IPC is concerned, it is clear that where a person sells to, buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank note, knowing or having reason to believe the same to be forged or counterfeit, then it can be said that he has committed an offence punishable under Section 489B of IPC. In the present case, to be in possession of a huge THE HIGH COURT OF MADHYA PRADESH quantity of fake/counterfeit currency-notes of determination of Rs.2000/-, clearly prima facie shows that they had received or they were trafficking in the fake/counterfeit currency notes. It is well established principle of law that at the stage of framing of charge, meticulous appreciation/marshalling of evidence is not permissible.