Supreme Court Overturns High Court Revision; Disallows Blank Cheque & Cash Loan Defense
Parties: Sanjabij Tari v. Kishore S. Borcar & Anr.
The appellant advanced a friendly loan of ₹6,00,000 in cash to the respondent, who issued a cheque towards repayment. Upon presentation, the cheque bounced due to 'funds insufficient'. The Trial Court and Sessions Court convicted the accused. However, the High Court set aside the conviction in revision, accepting the defense that the cheque was handed over as a signed blank security cheque and questioning whether a cash loan exceeding ₹20,000 could be deemed a legally enforceable debt under Section 269SS of the Income Tax Act.
The Supreme Court allowed the appeal and restored the conviction. The bench held: (1) Once execution and signature are admitted, mandatory statutory presumptions under Sections 118 and 139 arise, which cannot be displaced by speculative claims of handing over a blank cheque; (2) High Courts cannot overturn concurrent trial findings without demonstrating patent illegality or perversity; and (3) A cash loan in breach of Section 269SS of the Income Tax Act attracts revenue penalties under Section 271D, but does NOT invalidate the underlying debt or defeat prosecution under Section 138 NI Act.