Dismissed

Sanni Jain v. Rajesh Kumar Jain

Chhattisgarh HC3 Jul 2023CRMP/174/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a revision petition challenging the rejection of an application under Section 269 CrPC for Income Tax Returns. The court held that transaction details via RTGS were within the petitioner's proof capacity during trial.

What did the court decide?

The revision petition filed by the petitioner was dismissed.

Sanni Jain Vs Rajesh Kumar Jain — Cheque Dishonour | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 174 of 2023

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Sanni Jain S/o Shri Ashok Kumar Jain Aged About 34 Years R/o “Ashok Villa” Hiramoti Line, Ward No. 38, Rajnandgaon, Tahsil and District Rajnandgaon Chhattisgarh Shop Sanni Borevels, Old Bus Stand Road, Infront of United Hospital, Rajnandgaon, Tahsil and District Rajnandgaon Chhattisgarh.

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---- Petitioner

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Versus

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Rajesh Kumar Jain S/o Late Shri Khemchand Jain, Aged About 62 Years, Proprietary M/s Twinkle Construction R/o Aashirvad Colony, Street No. 02, Near Sai Kripa Hospital, Ward No. 44, Rajnandgaon, District Rajnandgaon Chhattisgarh.

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---- Respondents

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(Cause-title taken from Case Information System) For Petitioner : Mr. Pradeep Kumar Singh, Advocate. For Respondent : Mr. Priyank Rathi, Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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03.07.2023

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In a proceeding under Section 138 of the Negotiable Instruments Act in which the petitioner is an accused, an application was moved under Section 269 read with Section 254(2) of the Cr.P.C. seeking therein direction to the Income Tax Department to produce Income Tax Return of the complainant for financial year 2017-18 and 2018-19 to prove that the cheque in question of Rs.8,00,000/- was issued properly or not.

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The learned trial Court vide order dated 04.11.2022 rejected the application on the ground that the loan amount was transferred through RTGS into the bank account of accused by the complainant and those documents can be produced by the accused during course of trial. Revision was preferred before the learned Sessions Court and the revision preferred by the petitioner was also dismissed vide order dated 26.12.2012.

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Learned counsel for the petitioner would submit that the learned courts below have committed illegality. Opportunity ought to have been afforded to the petitioner to prove the fact that the cheque in question was not issued by the accused for discharge of liability and therefore, the Income Tax Return of financial year 2017-18 and 2018-19 is relevant, but the learned courts below have committed error of law by rejecting the application and thereafter revision.

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On the other hand, learned counsel for the respondent would submit that the loan amount was transferred through RTGS and this fact can be established by the petitioner during course of trial before the learned trial Court by adducing documents, bank statements etc. and there is no need to call for Income Tax Return of financial year 2017-18 and 2018-19 and courts below have not committed any irregularity or illegality in rejecting the application moved by

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the petitioner.

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I have heard learned counsel for the parties and perused the documents annexed with this petition.

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Considering the fact that there is concurrent finding recorded by the courts below and further taking into consideration that the loan amount was transferred into the account of the petitioner by way of RTGS which can be proved by the petitioner by adducing documentary evidence like bank statement and slips etc., therefore, the courts below have not committed any illegality, thus, the petition is liable to be and is hereby dismissed.

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Sd/- (Rakesh Mohan Pandey) Judge

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Aadil

Sanni Jain v. Rajesh Kumar Jain

Case brief

What is this about?

What did the court decide?

Sanni Jain v. Rajesh Kumar Jain

Case brief

What is this about?

What did the court decide?

What the court decided

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