Back
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; 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....
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....
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.
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
