Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Virender Singh Thakur – Appellant
Versus
Rishab Singh Thakur – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 28.12.2024, passed by learned Sessions Judge (Forests), District Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction dated 21.12.2022 and order of sentence dated 26.12.2022 passed by learned Chief Judicial Magistrate, Shimla, District Shimla, (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 (NI Act). It was asserted that the parties had known each other for the last 12 years. The complainant lent 50,000, 35,000, and 50,000 (total 1,35,000) to the accused on 13.04.2018, 16.04.2018, and 27.04.2018, respectively, in the presence of one Mohit Yadav. The accused issued two cheques of 49,000/- each on 10.09.2019 and 25.09.2019, respectively, to discharge his liability. The complainant presented the cheques t
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.
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....
Revisional jurisdiction limited; no reappreciation of evidence absent perversity. NI Act presumptions u/ss 118,139 arise on cheque admission; accused must rebut with evidence. No initial complainant ....
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....
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
