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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sandeep Kumar Sharma – Appellant
Versus
PNB – Respondent
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 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 (NI Act). It was asserted that the complainant is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act. It is engaged in banking activities through its various branches, and one such branch is located at Ghumarwin. The accused approached the complainant bank for a loan of Rs.1,50,000/-. He completed various formalities, and the bank sanctioned a loan of Rs.1,50,000/-. The compla
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 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.
The presumption of liability under Section 139 of the Negotiable Instruments Act is valid unless a credible defense is presented, and dishonor of a cheque issued as security can lead to conviction un....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
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