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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajinder Sharma – Appellant
Versus
Bhagat Urban Cooperative Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of loan, cheque issuance, dishonour, trial proceedings. (Para 1 , 2 , 3 , 4 , 5) |
| 2. lower courts upheld conviction under section 138 ni act. (Para 6 , 7) |
| 3. parties contend on material alteration and liability proof. (Para 8 , 10 , 11) |
| 4. revisional jurisdiction limited to patent errors, not reappreciation. (Para 9 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. material alteration in payee account voids cheque under section 87 ni act. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. presumption under sections 118/139 rebutted by evidence of low liability. (Para 27 , 28 , 29) |
| 7. revision allowed; conviction set aside due to material alteration. (Para 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The present revision is directed against the judgment dated 23.1.2025, passed by learned Sessions Judge, Solan, District Solan, H.P. (learned Appellate Court), vide which the judgment of conviction dated 14.10.2022 and order of sentence dated 17.10.2022, passed by learned Chief Judicial Magistrate, Solan, District Solan, H.P. (learned Trial Court) were upheld and the appeal filed by the petitioner (accused before the learned Trial Court) was dismissed. (Parti
The absence of the company as a party precludes the vicarious liability of its directors under Section 138 of the Negotiable Instruments Act.
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....
The presumption of a legally enforceable debt under Sections 138 and 139 of the N.I. Act is strong and requires evidence to the contrary by the accused, which was not provided.
The presumption favoring the complainant under Sections 118 and 139 of the NI Act remains unless disproven by the accused.
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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