TMI Blog2020 (2) TMI 676X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961 is also unmerited. Section 269SS of the Income Tax Act, 1961 prohibits making of any payment in cash above a sum of ₹20,000/-. Thus, any person violating the same would attract imposition of penalties under the said Act. However, the same does not render the said debt un-enforceable or precludes the lender from recovering the same - In the present case, the petitioner had clearly admitted to receiving the loan and, therefore, it could not be held that the petitioner had rebutted the presumption that the cheque had been issued in discharge of an enforceable debt. Petition dismissed. - CRL.REV.P. 1246/2019 & CRL.M.(BAIL) 2090/2019 - - - Dated:- 11-2-2020 - MR. VIBHU BAKHRU J. Petitioner Through: Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts obtaining in the said case and by the judgment dated 20.02.2018, convicted the petitioner for committing an offence under Section 138 of the NI Act. Subsequently, by an order on sentence dated 16.03.2018, the petitioner was sentenced to serve rigorous imprisonment for a period of six months. She was also directed to pay a sum of ₹7,00,000/- to the respondent within thirty days of the said order and in default of payment of such compensation, to undergo four months of simple imprisonment. 8. Aggrieved by the judgment dated 20.02.2018 and the order on sentence dated 16.03.2018, the petitioner preferred an appeal (Criminal Appeal No. 101/2018) which was dismissed by an order dated 30.11.2018 (the order impugned herein). 9. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm Money-lender is defined under Section 2(9) of the said Act as under:- 2. Definitions - In this Act, unless there is anything repugnant in the subject or context- (9) Money-lender means a person, or a firm carrying on the business of advancing loans as defined in this Act, and shall include the legal representatives and the successors-in-interest whether by inheritance, assignment or otherwise, of such person or firm; provided that nothing in this definition shall apply to. (a) a person who is the legal representative or is by inheritance the successor-in-interest of the estate of a deceased money-lender together with all his rights and liabilities; provided that such person only- (i) winds up the estate of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks, would be sufficient to rebut the presumption under Section 139 of the NI Act. 16. In the present case, the petitioner had clearly admitted to receiving the loan and, therefore, it could not be held that the petitioner had rebutted the presumption that the cheque had been issued in discharge of an enforceable debt. 17. The decision in the case of Sanjay Mishra (supra) is not an authority for the proposition that notwithstanding the fact that the issuer of the cheque has admitted a liability, the same would be unenforceable, if the loan had been extended in cash. 18. In view of the above, the present petition is unmerited and is, accordingly, dismissed. The pending application is also disposed of. - - TaxTMI - TMITax - India ..... X X X X Extracts X X X X X X X X Extracts X X X X
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