Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sher Singh – Appellant
Versus
State of HP – Respondent
| Table of Content |
|---|
| 1. factual background and lower courts' convictions under section 138 ni act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties' contentions on security cheque, liability, and presumption. (Para 8 , 9 , 10 , 11 , 12) |
| 3. revisional jurisdiction limited to jurisdictional errors or perversity. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. presumption under s.139 rebutted; no enforceable debt proved. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. petition allowed; accused acquitted, judgments set aside. (Para 27 , 28 , 29) |
The present revision is directed against the judgment dated 28.03.2025, passed by learned Additional Sessions Judge- I, Mandi, Himachal Pradesh (learned Appellate Court), vide which the judgment of conviction dated 02.06.2023 and order of sentence dated 13.06.2023, passed by learned Additional Chief Judicial Magistrate, Court No. 1, Mandi, District Mandi, H.P. (learned Trial Court) were partly 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 be
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.
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....
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 ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
