IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 786 of 2007()
1. IBRAHIMKUTTY, THONDALIL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. B.VIJAYAKUMAR,
For Petitioner :SRI.K.SUBASH CHANDRA BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/03/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 786 of 2007
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Dated this the 20th day of March, 2007
O R D E R
The petitioner is the accused in a prosecution under Section
138 of the N.I. Act. The cheque is for an amount of Rs. 7 lakhs.
Cognizance has been taken on the basis of a private complaint filed
by the second respondent/complainant.
2. The petitioner has come to this Court to complain that the
alleged loan transaction of Rs.7 lakhs offends the provisions of
Section 269(ss) of the Income Tax Act and such infraction is
punishable. Therefore he contends that the liability, to discharge
which the cheque has allegedly been issued, is not a legally
enforcible debt/liability. I do not want to make any final
pronouncement on the question now. I am satisfied that it is for the
petitioner to raise this contention before the learned Magistrate in the
course of trial and seek appropriate orders.
3. In my anxiety to ensure that the petitioner does not lose his
right to raise all his appropriate contentions before the trial court, I do
not want to express any final opinion on this question. Whether the
Crl.M.C.No. 786 of 2007
2
transaction is valid and whether because of the infraction of proceedings
evidence about such transaction can be adduced or accepted are all
questions that the petitioner must raise before the learned Magistrate at
appropriate stage.
3. This Crl.M.C. is dismissed with the above observations.
(R. BASANT)
Judge
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