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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajeev Kumar – Appellant
Versus
Arpana Devi – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 04.07.2025, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P. (learned Appellate Court) vide which the appeal filed by the petitioner (accused before learned Trial Court) was dismissed and the judgment of conviction dated 3.10.2024 and order of sentence dated 30.10.2024, passed by learned Judicial Magistrate First Class, Dalhosuie, District Chamba 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 parties were known to each other. The complainant advanced a loan of Rs.85,000/- to the accused. The accused issued a cheque of Rs.85,000/- drawn on State Bank of India, Branch Sihunta, to repay the debt. The complainant presented the cheque to her bank; howe
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 ....
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
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....
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....
The presumption under Sections 138 and 139 of the Negotiable Instruments Act mandates that once a cheque's issuance is admitted, it is presumed to be for a legally enforceable debt, shifting the burd....
The presumption of liability under Sections 138 and 139 of the Negotiable Instruments Act is rebuttable, placing the burden on the accused to prove otherwise.
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