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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Naveen Kumar Chauhan – Appellant
Versus
Vipan Kumar – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Naveen Kumar Chauhan has approached this Court, by way of revision, for setting aside the judgment dated 13.09.2012, passed by the learned Additional Sessions Judge (FTC) Hamirpur, H.P. (hereinafter referred to as the ‘Appellate Court’).
2. By way of the judgment dated 13.09.2012, the learned Appellate Court has dismissed the Criminal Appeal No.17/11, preferred by petitioner-Naresh Kumar Chauhan, against the judgment of conviction dated 25.05.2011 and order of sentence dated 31.05.2011, passed by the learned Judicial Magistrate First Class, Nadaun, District Hamirpur, H.P., (hereinafter referred to as the ‘trial Court’), in Complaint No.9 of 2006, titled as ‘Vipan Kumar versus Naveen Kumar Chauhan’.
3. Vide judgment of conviction and order of sentence as referred to above, petitioner-Naresh Kumar Chauhan has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘NI Act’) and he has been sentenced to undergo simple imprisonment for a period of three months and to pay amount of Rs.38,500/-, as compensation to the complainant.
4. Parties to the lis are hereinafter referred to as,
The liability under Section 138 of the Negotiable Instruments Act is strict, and the nature of the cheque does not absolve the accused from responsibility for dishonour.
The court ruled that the failure to rebut the legal presumption of debt under Section 138 of the Negotiable Instruments Act justifies conviction, with the sentence modified to compensation.
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
Presumption in favor of the holder of the cheque under Section 139 of the Negotiable Instruments Act.
The compensatory nature of proceedings under Section 138 of the Negotiable Instruments Act and the recoverability of compensation even after default sentence as provided in Section 357(3), 421, and 4....
The court modified the sentence for the offence under Section 138 of the NI Act from imprisonment to 'till the rising of the Court' based on the deposit of compensation and principles of justice.
The court upheld the conviction under Section 138 of the Negotiable Instruments Act, affirming the presumption of a legally enforceable debt and allowing time for payment.
The presumption under Section 139 of the Negotiable Instruments Act mandates that a cheque is deemed issued in discharge of debt unless the accused can prove otherwise, with liability established at ....
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