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AK Misra   05 July 2017

Cheque bouncing cases

In number of Section 138 cases complaints are lodged where dealing was in very high amount of Cash such 10 lacs to 1 crore or more.

But source of such cash not described nor such cash lending is reported in their ITRs. Whether in such cases any defence is available to accused ?

Whether any decided cases on such issues ?



Learning

 4 Replies

Siddharth Srivastava (Advocate)     06 July 2017

Yes, in such case also defence is available to accused but for rendering any advise the contents of petition is required to be examined . There are judgements but whether the same suits or not to a particular case, it depends on merit and question involved in the case. Consult with details, if required.

P. Venu (Advocate)     14 July 2017

In NI 138 cases, truth is the biggest casualty. The crux of the issue is the overreaching presumption under Section 139.

R Trivedi (advocate.dma@gmail.com)     22 July 2017

Even if the accused is honest and have legal and Bonafide grounds for dishonor, then also he should be extremely careful. Routine engagement in the case will be very harmful due to Sec.139/118 presumptions against the accused. I had written a detailed article on this website regarding misinterpretation by courts of A.139, may be you can refer that.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2017

Dealings in large amount of cash are prohibited under the Income Tax Act. But the infringement of Income Tax Act will be a different case from the one under NI-138. There are High Court and Supreme Court judgments saying that Section NI-138 is not available to persons lending unaccounted money in cash.


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