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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Hem Chand – Appellant
Versus
HP State Co-Opr. Agriculture & Rural Development Bank – Respondent
| Table of Content |
|---|
| 1. cheque issued for loan repayment dishonoured. (Para 1 , 2 , 3 , 4 , 5) |
| 2. lower courts upheld conviction under s.138 ni act. (Para 6 , 7) |
| 3. petitioner claims no debt proof, blank cheque misuse. (Para 8 , 10 , 11) |
| 4. revisional jurisdiction limited to patent errors, perversity. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. signature admission raises s.139 debt presumption. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. loan admission shifts burden to rebut presumption. (Para 24 , 25 , 26 , 27) |
| 7. blank security cheques attract s.138 liability. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 8. dishonour and notice satisfy s.138 ingredients. (Para 36 , 37 , 38) |
| 9. sentence, compensation reasonable; revision dismissed. (Para 39 , 40 , 41 , 42 , 43 , 44) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 08.05.2025, passed by learned Additional Sessions Judge- I, Mandi, Himachal Pradesh (Camp at Karsog)(learned Appellate Court), vide which the judgment of conviction and order of sentence dated 15.06.2014, passed by learned Judicial Magistrate First Class, Karsog, District Mandi, H.P. (learned Trial Court) were upheld. (Parties shall hereinafter be referred
Signature admission on cheque raises presumption of debt under NI Act; accused must rebut by preponderance even if blank security cheque; revisional jurisdiction limited, upholds concurrent findings ....
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Admission of cheque triggers presumption under Sections 118(a),139 NI Act of enforceable debt; security cheque liable under Section 138 if subsisting liability exists; accused fails to rebut by prepo....
Admission of cheque issuance raises rebuttable presumption under Sections 118(a), 139 NI Act of discharge of debt; security cheques attract Section 138 liability if subsisting debt exists; revisional....
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....
Revisional jurisdiction limited to perversity, not reappreciating evidence. Section 139 NI Act presumption of debt from admitted cheque issuance rebuttable only by probable defence on preponderance o....
Signature admission on cheque triggers Sections 118(a),139 NI Act presumption of debt discharge; accused must rebut by evidence, mere denial insufficient; revisional jurisdiction limited, no interfer....
Admission of cheque signature triggers Section 139 presumption of liability; accused must rebut by preponderance of probabilities with probable defence. Revisional court limited to correcting pervers....
Admission of cheque signature raises NI Act presumptions of debt discharge (ss.118(a),139); accused must rebut with evidence, not mere denial. Security/blank signed cheques attract s.138 liability de....
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 ....
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