THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1747 OF 2011 ORDER: Petitioner approaches this Court to set aside the order dated 4.8.2011 passed by the learned trial Judge in Crl.M.P. No. 3383 of 2011 in C.C. No.50 of 2011, whereby, he dismissed the application filed by the petitioner to call for the records from the Income Tax Department to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881. The contention of the learned counsel for the petitioner is that the complainant is not in a position to lend such a huge money and he is a pauper and he is also not an Income Tax assessee and he further submitted that if the documents are called for and marked before the trial Court, it will be helpful to him to rebut the presumption that complainant has not lent any money to the petitioner herein. This Court perused the record and also the evidence adduced by the respondent-complainant as P.W.1, in which, he categorically stated that he has lent the money by way of cash and also informed that he is ready to file the Income Tax returns, which are available with him for the past 15 years and he also stated that the said money is not accounted in the income tax returns. He further stated that during the years 2009-10 and 2010-11, which is the relevant period, he has not filed any income tax returns before the authorities. The said facts are elicited by the petitioner during the cross-examination. In such a situation, calling for the Income Tax returns from the Department is not going to improve the case of the petitioner herein and further when it is admitted by the complainant in the cross-examination that he has given the amount in cash and he has not mentioned the same in the I.T. returns, the petitioner can very well take it as evidence during the time of his arguments before the concerned Court. Hence, this Court is of the view that there is no need to interfere with the order passed by the learned trial Judge. The Criminal Revision Case is accordingly disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 27th August, 2011 Pnb