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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Nikka Ram – Appellant
Versus
Padam Nath (since deceased) through his Lrs. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision petition is directed against the judgment passed by learned Additional Sessions Judge-I, Mandi (learned Appellate Court) in Criminal Appeal No. 111/2023/20-22 on 15.12.2023 vide which the judgment of conviction dated 02.07.2022 and the order of sentence dated 21.07.2022 passed by learned Judicial Magistrate 1st Class, Karsog (learned trial Court) in Criminal Case No. 50 of 2017 were upheld. (The parties hereafter shall be referred to by the same status as they held before the learned trial Court for the sake of convenience).
2. Briefly stated, the facts giving rise to the present revision petition 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 Negotiable Instruments Act (for short “N I Act”). It was asserted that the accused was working as an insurance agent of Oriental Insurance Company. He insured the complainant’s vehicle bearing registration No. HP-65-2607; however, he reduced the insurance value of the vehicle from Rs. 9,00,000/- to Rs. 80,000/-. The complainant had paid the full amount to the accused, and
Revisional jurisdiction limited; no interference with concurrent conviction under NI Act S.138 absent perversity; presumption of debt under S.139 holds on signature admission unless rebutted by proba....
Under Section 138 of the Negotiable Instruments Act, a dishonoured cheque establishes a presumption of liability that the accused must rebut; mere denial is insufficient in the absence of evidence.
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....
Admission of cheque issuance raises presumption of liability under NI Act Ss.118/139; rebuttal requires evidence beyond CrPC 313 denial. Revisional jurisdiction limited to patent errors, not evidence....
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