(1.) THIS revision petition has been preferred against the judgment in C. A. No. 182 of 1997 on the file of the Principle Sessions Judge, chennai, which had arisen out of the judgment rendered by the learned additional Chief Metropolitan Magistrate, Chennai, in E. O. C. C. No. 207 of 1986.
(2.) THE short facts of the complaint is that the revision petitioner/accused, a cinema actress, had obtained a loan of Rs. 4,65,000/- from the All India Anna D. M. K party, Chennai, as per the entry made in the above said party's ledger folio on 17. 4. 1986. THE accused had admitted in her sworn statement given before the Assistant Director of inspection (investigation) on 23. 4. 1986 about the above said borrowal of Rs. 4,65,000/- from the above said political party. According to the prosecution as per section 269ss of Income tax Act 1961, a person can obtain any loan or deposit only through an account payee cheque or an account payee bank draft if the amount of loan exceeds rs. 10,000/ -. Since the loan obtained by the accused which is above Rs. 10,000/-was not by way of account payee cheque or account payee bank draft, according to the prosecution, there is a violation of Section 269ss of the Income Tax act, 1961, by the accused which is liable to be punished under Section 276dd r/w 269ss of the Income Tax Act.
(3.) WHEN the proceedings were pending, the accused approached the Honourable Apex Court of India in Crl. A. 601/1992 against the order passed by this Court in Crl. M. P. 2854/1988 challenging the constitutional validity of Section 269ss, 276dd & 271d of the Income Tax Act. The honourable Apex Court in Crl. A. No. 601/1992 (alongwith Crl. A. 4478/2000) has held that Section 269ss, 271d, 276dd are constitutional. Crl. A. No. 601/1992 was filed by the Assistant Director of Inspection (Investigation) of the Income Tax department and the respondent therein is the present accused kumari. A. B. Shanthi. WHEN the above said Crl. A. No. 601/1992 was pending before the Honourable Apex Court, a direction was given by the Honourable Apex Court in Crl. M. P. 5557/1992 in Crl. A. No. 601/1992, dated 26. 7. 1993, to the effect that the substantive sentence in E. O. C. C. No. 207 of 1986 shall not be given effect to until further orders from the Honourble Apex Court.