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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kripal Singh Rana – Appellant
Versus
State Bank of India – Respondent
| Table of Content |
|---|
| 1. cheque issued for loan repayment, dishonoured insufficient funds. (Para 1 , 2) |
| 2. lower courts convicted on evidence and presumption. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments: security cheque misuse versus statutory presumption. (Para 8 , 9 , 10 , 11) |
| 4. revisional jurisdiction limited to patent errors, no re-appreciation. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. section 139 presumption arises on admitted cheque issuance. (Para 18 , 19 , 20) |
| 6. loan admission strengthens presumption; no documents needed. (Para 21 , 22 , 23 , 24) |
| 7. no evidence rebuts presumption; section 313 insufficient. (Para 25 , 26 , 27 , 28) |
| 8. dishonour memo presumed correct under section 146. (Para 29 , 30) |
| 9. notice served; all section 138 ingredients satisfied. (Para 31 , 32) |
| 10. sentence, compensation justified; revision dismissed. (Para 33 , 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 14.8.2024, passed by learned Sessions Judge, Kangra at Dharamshala, H.P. (learned Appellate Court), vide which the judgment of conviction dated 3.8.2023 and order of sentence dated 7.8.2023, passed by learned Judicial Magistrate First Class Kangra, Dist
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....
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....
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 ....
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 triggers presumption of debt under NI Act Sections 118(a), 139; security cheques attract Section 138 if liability exists; rebuttal by preponderance needed, not mere denial; revisi....
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....
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....
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....
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