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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Khem Singh – Appellant
Versus
Nazeer Mohd – Respondent
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 sentence, and the order of sentence dated 15.01.2025 which was passed by the learned Trial Court after the remand. (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 accused had undertaken the construction work of the Jio Network Tower in District Chamba. The complainant supplied labour f
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....
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.
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