Vijay vs Laxman & Anr on 7 February, 2013
From the evidence on record, especially from the judgment
passed by learned JMIC, Yamuna Nagar at Jagadhri, I find that in the
present case, firstly no date has been given as to when the loan was
VINEET GULATI
2014.12.17 16:32
I attest to the accuracy and
authenticity of this document
Chandigarh
CRM No.A-1460-MA of 2014 -3-
demanded nor specific date has been mentioned as to when the
complainant paid amount to the accused. It is also clear from the
record that no document was written at the time when the amount was
paid to the accused. Such a huge amount of `5 lacs was paid by the
complainant to the accused without getting any security or without
executing any document. Further, the lower Court has also taken the
note of the fact that `5 lacs were paid in cash whereas as per Section
269 (ss) of the Income Tax Act, such a huge amount cannot be paid in
cash but only through cheque etc. and the lower Court relied upon the
judgment passed by the Hon'ble Supreme Court in Vijay vs. Laxman,
2013(1) R.C.R. (Crl.) 1028 correctly.