Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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V.G.Rao Advocate (Advocate)     13 July 2011

138 N.I Act

Hi all,

This  is a case u/sec 138 of Ni act, wherein complainant had lent a sum of rs exceeding 25 lak to accused, and had executed a promissory note and receipt, after appearance the accused made part payment, and not denied execution of pro note, and however he is contesting the case, and during cross of the complainant he stated that he is an In come tax assesse and he had not shown the transaction under the case in IT Returns, a

My question is

Whether the non dislcoure of huge amount transaction in IT returns is fatal to the complainant's case? if yes please provide me with a case law.



Learning

 4 Replies

Neeraj kUMAR (COLLECTIONS mANAGER)     13 July 2011

A cheque dated 10/5/2010 drawn on Centurion Bank of Punjab(CBoP) has been issued.CBoP had merged with HDFC Bank about 2 years ago.Cheque was presented to HDFC Bank on 26/5/2010 and was returned with a report "Refer to drawer". Can i file legal case u/s 138 of no act

Neeraj kUMAR (COLLECTIONS mANAGER)     13 July 2011

A cheque dated 10/5/2010 drawn on Centurion Bank of Punjab(CBoP) has been issued.CBoP had merged with HDFC Bank about 2 years ago.Cheque was presented to HDFC Bank on 26/5/2010 and was returned with a report "Refer to drawer". Can i file legal case u/s 138 of ni act

Doveson (advocate)     14 July 2011

Regarding mr. Rao's query, the question is whether u can prove that u had given the money as claimed by u. It is essential that u reflect it in the returns. But the issue at the end of the day is whether u can prove the transaction.

Doveson (advocate)     14 July 2011

Regarding the second query, u have to prove that the cheque was not given to u two years back. The best option is to file a summary suit also. Anyways send the notice and since the account exists, there should be no problem.

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