Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Khem Singh – Appellant
Versus
Nazeer Mohd – Respondent
| Table of Content |
|---|
| 1. background of revision against ni act conviction. (Para 1 , 2) |
| 2. trial evidence and accused's defense. (Para 3 , 4 , 5) |
| 3. lower courts convicted, remitted for sentencing. (Para 6 , 7 , 8) |
| 4. petitioner's contentions on errors and procedure. (Para 9 , 10 , 11) |
| 5. revisional jurisdiction limited to jurisdictional errors. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. appellate court cannot remand only for sentence. (Para 18 , 19) |
| 7. must decide section 391 crpc application before judgment. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 8. ni act section 143 overrides crpc fine limit. (Para 26 , 27 , 28 , 29) |
| 9. revision allowed; remit for fresh disposal. (Para 30 , 31 , 32) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 12.08.2024 passed by learned Sessions Judge, Chamba, Distt. Chamba, H.P. (learned Appellate Court) vide which judgment of conviction dated 18.01.2024 passed by learned Judicial Magistrate, First Class, Tissa, District Chamba, H.P (learned Trial Court) was upheld, the order of sentence dated 19.01.2024 passed by the learned Trial Court was set- aside and the matter was remitted to the learned Trial Court for passing an appropriate sent
Appellate court cannot confirm conviction under NI Act s.138 and remit solely for resentencing; must decide additional evidence applications; magistrate may impose fines exceeding CrPC s.29 limit via....
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
The compensatory nature of the offense under Section 138 of the NI Act and the legislative intent to deter dishonour of cheques influenced the court's decision in setting aside the additional fine im....
Revisional jurisdiction narrowly confines to errors of law or perversity, upholding conviction for cheque dishonour based on accused's admissions under Section 313 CrPC; zero balance via NPA transfer....
It has been settled in law that the accused can either adduce independent evidence or rely on the evidence tendered by the complainant to rebut the presumptions.
The judgment highlights the importance of consistent and reliable evidence in cases involving the dishonoring of cheques under Section 138 of the Negotiable Instrument Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
