Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J
Joginder Singh Chauhan – Appellant
Versus
Ramesh Chauhan – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present petition is directed against the judgment dated 29.03.2025, passed by learned Additional Sessions Judge (CBI Court), Shimla, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 11.09.2024 passed by learned Chief Judicial Magistrate, Shimla, H.P. (learned Trial Court) were upheld (Parties shall hereinafter berefered to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court, asserting that the accused approached the complainant for financial assistance in 2019. The complainant advanced a sum of Rs.12,60,000/- to the accused for three years. The complainant paid Rs.11,00,000/- to the accused through a cheque and Rs.1,60,000/- in cash. An agreement (Ex.CW1/K) was executed between the parties regarding this transaction on 31.10.2019. The accused issued two security cheques for Rs.1,60,000/- and Rs.11,00,000/- drawn on H.P. State Cooperative Bank Ltd., Sanjauli, District Shimla, H.P. It was agreed that the cheque would be presente
The presumption under Sections 138 and 139 of the Negotiable Instruments Act mandates that once a cheque's issuance is admitted, it is presumed to be for a legally enforceable debt, shifting the burd....
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
The presumption of liability under Section 139 of the Negotiable Instruments Act is strong and can only be rebutted by substantial evidence, which the accused failed to provide.
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act shifts the burden to the accused to disprove the cheque's issuance for a legal liability, which was not s....
The presumption under Section 139 of the Negotiable Instruments Act mandates that a cheque is presumed to be issued for discharging a debt unless the accused proves otherwise.
Revisional jurisdiction limited; no reappreciation of evidence absent perversity. NI Act presumptions u/ss 118,139 arise on cheque admission; accused must rebut with evidence. No initial complainant ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
