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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Prem Lata Busheri – Appellant
Versus
Usha Goel – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 24.01.2025, passed by learned Additional Sessions Judge (CBI Court), Shimla, District Shimla, H.P. (learned Appellate Court) vide which judgment of conviction dated 17.05.2024 and order of sentence dated 25.05.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 1, Shimla, District Shimla, 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 petition are that the complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (in short, ‘NI Act’). It was asserted that the accused is the sole proprietor of M/s Mahalaxmi Jewellers, Lower Bazar, Shimla and is engaged in the business of selling gold, silver, diamond and other jewellery. The accused had purchased jewellery worth Rs.13,10,000/- from the complainant’s shop vide voucher No. 6165 dated 01.01.2016. The accused paid a sum of Rs.1,10,000
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 ....
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.
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....
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