R RAJENDRAN Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) IN C. C. No. 76 of 1982 on the file of the Additional Chief Metropolitan Magistrate (E.O.I.), Egmore, Madras, six accused were tried for the following offences :

(2.) AT the end of the trial, all the accused were convicted as follows :

(3.) THE company is not in a position to give details about Thirupandia Nadar, Rajendran, Chocklinga Nadar, Jayalakshmi Ammal and Kandasamy to whom interest amount is stated to be paid though entries were made in the books of account and the counter foils of the cheques were prepared. THE counterfoils of the cheques in respect of those payments are in the names of the above referred to individuals and the entries show that they were account payee cheques but all the corresponding cheques were uncrossed bearer cheques and they were in the name of A-5, i.e., Rajendran. THE company is not in a position to give details about the source of receiving the money from them as a loan. Likewise the company is not in a position to give details about who Prabhakaran is, from whom Rs. 2,00,000 had been received and at a later point of time it was returned and the counterfoil of the cheque concerned which is in the name of Prabhakaran (account payee cheque) but the corresponding cheque is an uncrossed bearer cheque in the name of Rajendran (A-5). All the above mentioned cheques were encashed by A-5. All the accused have given statements as referred to above.