Harries, J. - (1.) THIS is an appeal by one J. N. Cohen, who was convicted by an Additional Presidency Magistrate of an offence Under Section 120B, Penal Code, read with Section 7 (1) of Ordinance III [3] of 1046. He was sentenced to six months' rigorous imprisonment and to pay a fine of KB. 1000; in default of payment of the fine he was ordered to undergo a further period of six months' rigorous imprisonment.
(2.) COHEN was a Director of a Bank known as the Lall Bank and it is said that he was in charge 'of the finance side of the Bank. The Managing Director of the Bank was a Mr. K. Lall, who was also the proprietor of a firm known as K. Lall and Co., managing agents of the Calcutta Marine Engineering Company. Cohen and Lall ware charged along with Chittaranjan Bose, an Accountant of the Calcutta Marine and Engineering Company and S. K. Datta, Secretary of K. Lall and Co., and were tried together. Chittaranjan Bose and S. K. Datta were acquitted, but Lall was convicted upon the charge of conspiracy and was sentenced to one year's rigorous imprisonment and a fine of Rs. 1000 whereas Cohen received the lesser sentence of six months' rigorous imprisonment and a fine of Ka. 1000. We are informed that since this conviction Lall has died. The charge eventually framed against these four persons was that they along with other persons had entered into a criminal conspiracy between lath January and 1st April 1946, to commit an offence punishable with rigorous imprisonment for two years or upwards, to wit, an offence Under Section 7 (1) of Ordinance III [8] of 1946, either by receiving into their possession from persons unknown high denomination notes in contravention of Section 4 of that Ordinance or by instigating the making of false statements by different persons who were induced to make declarations Under Section 6 of the said Ordinance and in pursuance of which conspiracy the Baid accused persons received into their possession a large number of high denomination notes, which were set out in the charge, and had thereby committed an offence punishable Under Section 120B, Penal Code read with Section 7 (1) of Ordinance III [3] of 1946. Ordinance in [3] of 1946 was an Ordinance passed to deal with high denomination bank notes, meaning bank notes of a denominational value of Rs. 500, Rs. 1000 or Rs. 10,000. Section 3 of this Ordinance provided that after 12th January 1946, all high denomination bank notes should, notwithstanding anything contained in the Reserve Bank of India Act, 1934, cease to be legal tender in payment or on account at any place in British India.
(3.) SECTION 4 of the Ordinance provided that, save as provided by the Ordinance itself, no person could after 12th January 1946, transfer to the possession of another person or receive into his possession from another person any high denomination bank note.;