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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sandeep Kumar Sharma – Appellant
Versus
PNB – Respondent
| Table of Content |
|---|
| 1. facts of loan default and cheque dishonour under ni act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on account balance and concurrent findings. (Para 8 , 9 , 10 , 11) |
| 3. revisional jurisdiction limited to errors or perversity. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. section 313 statement corroborates prosecution evidence. (Para 19 , 20 , 21 , 22 , 23) |
| 5. zero balance due to npa; liability persists. (Para 24 , 25) |
| 6. security cheques attract section 138 ni act liability. (Para 26 , 27 , 28 , 29) |
| 7. all section 138 ingredients proved beyond doubt. (Para 30 , 31 , 32 , 33) |
| 8. fine reduced considering compensation and interest. (Para 34 , 35 , 36 , 37) |
| 9. revision partly allowed with modified fine. (Para 38 , 39 , 40) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 2.5.2019, passed by learned Sessions Judge, Bilaspur, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 1.12.2018, passed by learned Judicial Magistrate First Class, Court No. 2, Ghumarwin, District Bilaspur, HP (learned Trial Court) were upheld (Parties shall hereinafter be referred to in the same manner as they were
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....
Revisional jurisdiction limited to perversity; presumption under Sections 118/139 NI Act on cheque admission; security cheque liable if debt subsists; unclaimed notice deemed served; post-dishonour r....
Revisional jurisdiction limited to patent errors, no reappreciation absent perversity; presumption of debt under NI Act holds post cheque admission unless robustly rebutted; security cheques attract ....
Admission of cheque signature raises NI Act presumptions of debt discharge (ss.118(a),139); accused must rebut with evidence, not mere denial. Security/blank signed cheques attract s.138 liability de....
Admission of cheque issuance raises rebuttable presumption under Sections 118/139 NI Act of discharge of debt; security cheques attract Section 138 liability if debt subsists; accused must lead evide....
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....
Admission of cheque signature triggers presumption under Sections 118(a) and 139 NI Act of debt discharge; security cheques attract Section 138 liability on dishonour; accused must rebut with evidenc....
Admission of cheque signatures triggers presumption of debt under NI Act ss.118/139, rebuttable only by accused evidence; security cheques attract s.138 liability if debt subsists; revisional jurisdi....
Admission of cheque signature raises presumption under NI Act ss.118(a),139 of debt discharge; accused must rebut with evidence, not mere denial. Revisional jurisdiction bars reappreciation absent pe....
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