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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Gillu @ Gulab Chand – Appellant
Versus
Krishna Devi – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 25.5.2023, passed by learned Sessions Judge, Kullu, District Kullu, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 9.9.2022, passed by learned Judicial Magistrate First Class, Manali, District Kullu, H.P. (learned Trial Court) was upheld and the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred 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 revision are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was asserted that the parties were known to each other. The accused needed money, and he approached the complainant in June 2015. The accused agreed to sell his land measuring 0-01-61 hectares, being 161/2310 share comprised in Khasra No. 475, situated at Mohal Karasu, to the complainant for a total consideration of Rs.8.00 lac
The presumption of liability under Sections 138 and 139 of the Negotiable Instruments Act is rebuttable, placing the burden on the accused to prove 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 ....
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 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 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.
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 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.
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