TaxTMI 
TaxTMI 
2015 (2) TMI 1066
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....ccused has borrowed a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) on 04.02.2012 to meet out his urgent family circumstances and for consideration of the same, executed a promissory note together with interest at the rate of 3% per month to pay the loan within a period of six months either on demand or to his order. 3. Since the amount was not paid in spite of demand, the respondent/complainant insisted for repayment and therefore, towards partial discharge of the legally enforceable debt, the revision petitioner/accused has issued a cheque bearing No.549052, dated 07.12.2012 for a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) drawn on State Bank of India, Cantonment Branch, Trichy. The said cheque was presented by the respondent/compla....
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....ntence, vide judgment dated 27.06.2014 and challenging the same, the revision petitioner/accused has filed the present Criminal Revision Case. 8. The learned Counsel for the revision petitioner/accused would vehemently contend that the revision petitioner/accused did not know the respondent/complainant at all and in fact, the cheque given to one Thiyagarajan has been misused and it has been filled up as if it was drawn in favour of the respondent/complainant and to substantiate his claim, he filed a petition for reception of additional evidence before the lower appellate Court and without properly appreciating the contents of the same, it was erroneously rejected. He would further submit that in the event of this revision being allowed and....
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....nd in the hands of the respondent/complainant and how the said cheque has reached the hands of the respondent/complainant remains as a mystery and it has been misused for the purpose of launching the present prosecution. 14. It is further stand of the revision petitioner/accused that the respondent/complainant is not having any means to advance such a loan amount and in fact, the advancement of loan of Rs. 5,00,000/- (Rupees Five Lakhs only) has not been reflected in the Income Tax particulars, marked as Ex.D.1. 15. It is pertinent to point out at this juncture that in the event of any concealment of income, it is for the appropriate Department to take action and simply because, the advancement of loan in favour of the revision petitioner....