Contravention of section 269SS of Income Tax Act doesn’t vitiate offence u/s 138 of Negotiable Instrument Act

Gajanan S/O Kallappa Kadolkar Vs Appasaheb Siddamallappa Kaveri (Karnataka High Court)

Karnataka High Court held that contravention of provisions of section 269SS of the Act doesn’t make the entire transaction of loan void. Non-payment of the same held guilty of commission of offence under section 138 of Negotiable Instruments Act, 1881.

Facts-

The accused approached the complainant seeking financial assistance of Rs. 15 Lakhs. The complainant agreed to advance a hand loan of Rs. 15 Lakhs.

Between January 2007 and June 2007, he advanced a hand loan of Rs.15 lakhs to the accused and that accused agreed to repay the hand loan within six months from the date of last advancement. However, after repeated requests, the accused issued 15 cheques for Rs.1 lakh each towards repayment of the hand loan availed of by him.

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