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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Akshay Aggarwal – Appellant
Versus
Anil Gupta – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 30.4.2012, passed by learned Sessions Judge, District Sirmour, at Nahan, (learned Appellate Court), vide which the judgment of conviction dated 12.8.2011 and order of sentence dated 29.8.2011, passed by learned Judicial Magistrate, First Class Nahan, Sirmour, District at Nahan HP (learned Trial Court) were set-aside and the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). (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 appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the NI Act. It was asserted that the complainant and the accused were known to each other. The accused demanded Rs.1.00 lac from the complainant on 2.8.2008. The complainant paid the amount, and the accused promised to repay it within four months. He issued a po
In appeals against acquittal under NI Act s.138, High Court interferes only if perverse, misreads evidence, or sole guilt view possible; reasonable defence rebutting presumption warrants upholding ac....
Point of Law : Presumption Under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of p....
Point of law : Presumption Under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of p....
An appellate court reviewing a trial court's acquittal must respect the presumption of innocence unless the judgment demonstrates clear and manifest errors in the consideration of evidence.
The complainant must prove the existence of a legally enforceable debt in a Section 138 NI Act case, and discrepancies in testimony can undermine the presumption of consideration.
In Section 138 NI Act acquittal appeal, interference only if trial court's probable acceptance of blank cheque misuse defence (post-wife's suicide) is perverse; presumption rebutted, no disturbance o....
The cheque must represent a legally enforceable debt at the time of encashment; the burden to rebut the presumption of liability lies with the accused.
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