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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Padam Chand Verma – Appellant
Versus
Supriya Atwal – Respondent
| Table of Content |
|---|
| 1. revision against conviction under section 138 ni act. (Para 1 , 2) |
| 2. lower courts convicted accused, enhanced compensation. (Para 3 , 4 , 5 , 6 , 7) |
| 3. cheque issued as security for property partition. (Para 8 , 9) |
| 4. revisional jurisdiction limited to patent errors. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. five ingredients required for section 138 offence. (Para 17) |
| 6. presumption of debt on admitted cheque issuance. (Para 18 , 19 , 20 , 21) |
| 7. defence evidence fails to rebut presumption. (Para 22 , 23 , 24 , 25 , 26) |
| 8. security cheques attract section 138 liability. (Para 27 , 28 , 29 , 30) |
| 9. dishonour, notice, non-payment proved. (Para 31 , 32 , 33 , 34 , 35 , 36) |
| 10. compensation twice cheque amount justified. (Para 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
Rakesh Kainthla, J.
The present revision is directed against the judgment dated 27.08.2025 passed by learned Additional Sessions Judge II, Solan, District Solan, H.P. (learned Appellate Court) vide which the judgment of conviction dated 26.03.2024 and order of sentence dated 10.04.2024 passed by learned Judicial Magistrate, First Class, Court no. 1, Solan District Solan (learned Trial Court) were partly upheld. (Parties
Revisional jurisdiction limited to patent errors, no reappreciation absent perversity; presumption of debt under NI Act holds post cheque admission unless robustly rebutted; security cheques attract ....
Admission of cheque signatures triggers presumption of debt under NI Act ss.118/139, rebuttable only by accused evidence; security cheques attract s.138 liability if debt subsists; revisional jurisdi....
Admission of cheque signature triggers presumption under Sections 118(a) and 139 NI Act of debt discharge; security cheques attract Section 138 liability on dishonour; accused must rebut with evidenc....
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....
Admission of cheque issuance raises rebuttable presumption under Sections 118/139 NI Act of discharge of debt; security cheques attract Section 138 liability if debt subsists; accused must lead evide....
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 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....
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....
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....
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....
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