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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Arvind Bhardwaj – Appellant
Versus
Nettar Singh – Respondent
| Table of Content |
|---|
| 1. cheque for partial debt, dishonoured twice. (Para 2 , 5) |
| 2. lower courts convicted on ni act presumption. (Para 3 , 4 , 6 , 7) |
| 3. petitioner claims payment; respondent upholds findings. (Para 8 , 9 , 10) |
| 4. revision limited to patent errors, no reappreciation. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. section 138 needs dishonour, notice, non-payment. (Para 17) |
| 6. admission raises sections 118/139 debt presumption. (Para 18 , 19 , 20 , 21) |
| 7. section 313 denial insufficient without evidence. (Para 22 , 23 , 24) |
| 8. post-cause payment doesn't absolve offence. (Para 25 , 26 , 32) |
| 9. stop payment triggers section 138. (Para 27) |
| 10. successive presentations and notices permitted. (Para 28 , 29 , 30 , 31) |
| 11. section 138 ingredients fully satisfied. (Para 33) |
| 12. sentence adequate; revision dismissed. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
The present revision is directed against the judgment dated 18.07.2024 passed by learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 09.01.2024 passed by learned Additional Chief Judicial Magistrate, Paonta S
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Signature admission on cheque triggers Sections 118(a),139 NI Act presumption of debt discharge; accused must rebut by evidence, mere denial insufficient; revisional jurisdiction limited, no interfer....
Admission of cheque issuance raises rebuttable presumption under Sections 118/139 NI Act of discharge of debt; security cheques attract Section 138 liability if debt subsists; accused must lead evide....
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.
Admission of cheque signatures triggers presumption of debt under NI Act ss.118/139, rebuttable only by accused evidence; security cheques attract s.138 liability if debt subsists; revisional jurisdi....
Admission of cheque signature raises presumption of debt under NI Act ss118(a),139; accused's lost cheque plea fails without bank report; revisional jurisdiction limited to perversity, upholding conc....
Admission of cheque signature raises NI Act presumptions of debt discharge (ss.118(a),139); accused must rebut with evidence, not mere denial. Security/blank signed cheques attract s.138 liability de....
Admission of cheque issuance triggers Ss.118(a),139 NI Act presumptions of debt; accused must rebut by evidence, not mere 313 CrPC denial. Signature mismatch and security cheques for existing liabili....
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