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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Vinod Kumar – Appellant
Versus
UCo Bank – Respondent
JUDGMENT :
(Rakesh Kainthla, J.)
The present revision is directed against the judgment dated 10.04.2024, passed by learned Additional Sessions Judge Ghumarwin, District Bilaspur, vide which the judgment of conviction dated 14.09.2022 and order of sentence dated 24.09.2022 passed by learned Additional Chief Judicial Magistrate, Ghumarwin, Court No.1, District Bilaspur (learned Trial Court) were upheld. (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 petition are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short ‘NI Act’). It was asserted that the complainant had advanced a loan of Rs.3 lakhs to the accused on 24th April 2013 as a working capital/CC limit. The accused issued a cheque on 30th July 2016 for Rs.3,25,787 to return the loan. The complainant presented the cheque for collection on 30th July 2016, but the cheque was dishonoured with the endorsement “insufficient funds”. The complainant issued a notice to the accused o
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 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 of liability under Section 139 of the Negotiable Instruments Act is rebuttable, and the accused must provide evidence to counter it; failure to do so results in conviction.
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 ....
Presumptions under Sections 118(a) and 139 NI Act arise on implicit admission of cheque issuance via cross-examination; accused must rebut with evidence, not mere denial; revisional jurisdiction limi....
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