Section 28. Whoever utters or passes or tenders in payment as true any such worthless bank bill or note not current, or any paper not a bank bill or note but made in the similitude thereof, or any paper purporting to be the bill or note of a bank which has never existed, knowing the same to be worthless and not current, as aforesaid, with intent to injure and defraud, shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two and one half years.