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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Santokh Singh – Appellant
Versus
Baldeep Singh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 27.11.2025 passed by learned Additional Sessions Judge, Nalagarh, District Solan, H.P. (learned Appellate Court) vide which judgment of conviction dated 14.12.2023 and order of sentence dated 19.12.2023 passed by learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P. (learned Trial Court) were upheld. (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 revision 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, 1881 (in short, 'NI Act'). It was asserted that the parties had good relations. The accused needed money to run his transport business. He sought financial help from the complainant. The complainant advanced Rs.2,70,000/- to the accused. The accused issued a post-dated cheque for Rs.2,70,000/- drawn on Punjab National Bank, Nalagarh, to discharge his debt. The complainant deposited the cheque at h
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....
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.
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
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....
The presumption of liability under Sections 138 and 139 of the Negotiable Instruments Act is rebuttable, placing the burden on the accused to prove otherwise.
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