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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Arun Chauhan – Appellant
Versus
Vikrant Sharma – Respondent
Judgment :
Sandeep Sharma, J.
Instant criminal revision petition filed under Section 438 read with Section 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023, lays challenge to judgment dated 23.05.2024, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, in Criminal Appeal No.32-10 of 2016, titled Arun Chauhan Vs. Vikrant Sharma , affirming judgment of conviction and order of sentence dated 22.07.2016, passed by the learned Judicial Magistrate First Class, Court No.II, Ghumarwin, Bilaspur, Himachal Pradesh, in criminal case No.8-2 of 2013, whereby the learned trial Court while holding the petitioner-accused (hereinafter, “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 six months and pay fine to the tune of Rs.8,00,000/- to the respondent- complainant.
2. Precisely, the facts of the case, as emerge from the record are that respondent-complainant (hereinafter, ‘complainant’) instituted a complaint under Section 138 of the Act, in the competent Court of law, alleging therein that in the
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.
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....
Dishonoured cheque attracts presumption of lawful debt under NI Act unless rebutted by accused on preponderance of probabilities; failure justifies conviction even for security cheque with subsisting....
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 holds where accused admits cheque issuance but fails to rebut lawful liability with evidence; security cheques enforceable if dishonoured due to default; no ....
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....
The presumption under Section 139 of the Negotiable Instruments Act applies, placing the burden of proof on the accused to establish a probable defence against dishonour of a cheque.
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.
A mandatory presumption applies in dishonour cases under Section 138 of the Negotiable Instruments Act, requiring the accused to provide evidence to rebut the lawful liability for which a cheque was ....
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....
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