Case Law Details
R. Narender Vs Yakamma Keloth or Kalyan (Telangana High Court)
Though PW.1 admits that he was an income tax assessee, but he has not shown the amount spent for installation of Petroleum bunk Rs.3.00 Crores in his tax returns during that period.
Therefore, a doubt arises whether the complainant was financially capable of spending such huge amount. In the absence of any corroborative evidence, the version of the complainant cannot be accepted at its face value. Further in view of the admission made by PW1 that he is an income tax assessee, the question would be whether non-showing of the amount in his income tax return is sufficient to rebut a presumption that the cheque was not issued in discharge of a debt or liability.
Identical issue came up for consideration before the Bombay High Court in Sanjay Mishra Vs. Ms. Kanishka Kappor @ Nikki and Another10 wherein the Court held as under:
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THE DECISION WICH IS TOTALLY ERRONEOUS UNDER THE N I ACT DESERVES TO BE OUTRIGHT REJECTED AND SHOULD BE REVERSED BY THE HIGH COURT. IT IS GROSS MISCARRIAGE OF JUSTICE AND SHALL BECOME AN INSTRUMENT IN HANDS OF THE CHEATEARS.