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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Manish Gautam – Appellant
Versus
Yogesh Kumar – Respondent
| Table of Content |
|---|
| 1. concurrent convictions under section 138 ni act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's challenges to notice, proof, and sentence. (Para 8 , 9 , 10 , 11 , 12) |
| 3. revisional jurisdiction limited to patent errors. (Para 13 , 14 , 15 , 16 , 17) |
| 4. section 139 presumes debt on signature admission. (Para 18 , 19 , 20 , 21 , 22 , 23 , 26 , 27 , 28) |
| 5. accused failed to rebut presumption probabilistically. (Para 24 , 25 , 29 , 30) |
| 6. bank memo presumes insufficient funds dishonour. (Para 31 , 32) |
| 7. notice service presumed under statutory provisions. (Para 33 , 34 , 35) |
| 8. all section 138 ingredients satisfied. (Para 36) |
| 9. deterrent sentence and compensation upheld. (Para 37 , 38 , 39 , 40) |
| 10. revision petition dismissed. (Para 41 , 42 , 43) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 03.07.2024, passed by learned Sessions Judge, Mandi, District Mandi, 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 and order of sentence dated 21.12.2023, passed by learned Judicial Magistrate, First Class, Court No.III, Mandi, Dist
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....
The presumption under Section 139 of the Negotiable Instruments Act mandates that a cheque is presumed to be issued for discharging a debt unless the accused proves otherwise.
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 ....
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....
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