Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Bodh Raj – Appellant
Versus
Veer Sen – Respondent
Judgment :
(Rakesh Kainthla, J.)
The petitioner has filed the present revision petition against the judgment dated 27.02.2023 passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. (learned Appellate Court) vide which the judgment of conviction dated 01.06.2022 and order of sentence dated 13.07.2022, passed by the learned Judicial Magistrate First Class, Court No. II, Sundernagar, District Mandi, H.P. (learned Trial Court) were upheld. (The 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 for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (for short N.I. Act). It was asserted that the accused issued a cheque of Rs.20,000/- in favour of the complainant to discharge his legal liability. The complainant presented the cheque to his bank, but it was dishonoured with the remark ‘payment stopped by the drawer’. The complainant issued a notice asking the accused to pay the amount within 15 days of the rec
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 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 strong and can only be rebutted by substantial evidence, which the accused failed to provide.
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....
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
