IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sohan Lal – Appellant
Versus
Rakesh Kumar – Respondent
Instant criminal revision petition, lays challenge to judgment dated 18.12.2023, passed by the learned Additional Sessions Judge (I), Solan, District Solan, Himachal Pradesh (Camp at Arki), in Criminal Appeal No. 10-AK/10 of 2022, affirming the judgment of conviction and order of sentence dated 6.5.2022, in Criminal Case No. 96/3 of 2017, passed by the learned Judicial Magistrate First Class, Arki, District Solan, Himachal Pradesh, whereby the learned trial Court while holding the petitioner- accused guilty of having committed offence punishable under Section 138 of the Negotiable Instruments Act (in short the “Act"), convicted and sentenced him to undergo simple imprisonment for a period of one month and pay compensation to the tune of Rs. 2,50,000/- to the complainant.
2. Precisely, the facts of the case, as emerge from the record are that respondent/complainant lodged complaint under Section 138 of the Act before the competent court of law, stating therein that accused, who is doing business of transportation, approached him for an amount of Rs. 2.00 lakh, to purchase a vehicle. Complainant alleged that on the afore request of the accused, he had with
The presumption of liability under Section 139 of the Negotiable Instruments Act is valid unless a credible defense is presented, and dishonor of a cheque issued as security can lead to conviction un....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
Presumption under NI Act ss.118,139 rebuttable on preponderance of probabilities by probable defence; accused's unproved allegation of cheque amount misuse fails rebuttal. Revision jurisdiction limit....
Failure to raise probable defence on preponderance of probabilities fails to rebut presumption under Section 139 NI Act; security cheques towards loan liability attract Section 138 upon dishonour.
The importance of establishing a probable defense to contest the statutory presumption under Section 139 of the Negotiable Instruments Act.
The statutory presumption under Section 139 of the Negotiable Instruments Act applies when the accused fails to raise a probable defense or contest the existence of a legally enforceable debt or liab....
Failure to rebut presumption under Sections 118 and 139 of NI Act by proving probable defence results in conviction under Section 138 for cheque dishonour, even if claimed as security; revisional jur....
The presumption under Sections 118 and 139 of the Negotiable Instruments Act remains in favor of the holder unless the accused provides credible evidence to rebut it.
A presumption in favor of the holder of a cheque exists under Section 139 of the Negotiable Instruments Act, requiring the accused to rebut it with a probable defense.
Presumption under Sections 118/139 NI Act not rebutted by unsubstantiated security cheque claim; such cheques enforceable under Section 138 on dishonour for insufficient funds if liability undischarg....
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