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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA, RANGEEN KUMAR
RANGEEN KUMAR – Appellant
Versus
Saurabh Mehra – Respondent
JUDGMENT :
SANDEEP SHARMA, J.
1. Instant criminal revision petition filed under Section 438 of the BNSS, 2023, lays challenge to judgment dated 06.08.2024, passed by the learned Sessions Judge, Chamba, District Chamba, Himachal Pradesh, in Criminal Appeal No. 29 of 2024, titled Rangeen Kumar Vs. Saurabh Mehra , affirming judgment of conviction and order of sentence dated 22.02.2024/28.02.2024, passed by the learned Judicial Magistrate First Class, Dalhousie, District Chamba, Himachal Pradesh, in complaint registration No.03/2021, 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 one year and pay compensation to the tune of Rs.4,00,000/- 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 month of October 2020, accused approached complain
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....
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 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....
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....
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 ....
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.
Insufficient funds for a cheque issued to discharge a lawful liability establishes an offence under Section 138 of the Negotiable Instruments Act, which includes a statutory presumption that must be ....
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.
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.
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