TMI Blog2018 (8) TMI 2148X X X X Extracts X X X X X X X X Extracts X X X X ..... THAT:- In the instant case, the prosecution is initiated against the petitioner for the alleged dishonor of a cheque. The case of the complainant is that in repayment of the hand loan advanced by him, the petitioner/accused issued the cheque in question which has been dishonored. No doubt, the sources from which the complainant paid the loan amount may be required to be established during the tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings initiated against him under Section 138 of Negotiable Instruments Act, 1881 ( Act for short). 3. The contention of the petitioner is that the learned Magistrate has failed to take into consideration the provisions of Section 269 SS of the Income Tax Act, 1961 while taking cognizance of offence. The learned counsel for the petitioner has placed reliance of the on the decision of the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or these reasons also the suit was required to be dismissed. 4. The facts of the above case are that the 1st respondent filed two suits against the appellants therein in O.S.No.6/1982 and O.S.No.48/1982 for recovery of a sum of Rs.2,56,000/- with interest. The suits were filed on the basis of five promissory notes. The trial court examined these promissory notes and other documents and arrived at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the hand loan advanced by him, the petitioner/accused issued the cheque in question which has been dishonored. No doubt, the sources from which the complainant paid the loan amount may be required to be established during the trial, but the prosecution under Section 138 of N.I. Act cannot be stalled for non-compliance of Section 269 SS of the Income Tax Act. Any cash transaction in violatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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