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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Lakhbeer Singh – Appellant
Versus
Khanna Katha Udhyog – Respondent
| Table of Content |
|---|
| 1. cheque dishonoured after advance for undelivered forest produce. (Para 1 , 2 , 3 , 4) |
| 2. cheque claimed as security versus debt discharge. (Para 5 , 6) |
| 3. revisional jurisdiction limited absent perversity or miscarriage. (Para 7 , 8 , 9 , 10) |
| 4. presumption of consideration under ni act ss.118,139. (Para 11 , 12) |
| 5. complainant evidence triggers statutory presumption shift. (Para 13 , 14) |
| 6. rebuttal standard is preponderance of probabilities. (Para 15 , 16 , 17) |
| 7. accused defence evidence insufficient to rebut presumption. (Para 18 , 19) |
| 8. conviction under s.138 ni act upheld. (Para 20 , 21 , 22) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant petition has been filed by the petitioner-accused/convict (hereinafter referred to as the accused) under Section 438 read with Section 442 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) against the judgment dated 31.12.2024, passed by the learned Additional Sessions Judge-II, Una, District Una, H.P., whereby the judgment of conviction dated 27.07.2024 and order of sentence dated 31.07.2024, passed by the learned Chief Judicial Magistrate, Una, District Una, HP, in Criminal case No.354/2020 were affirmed, with a prayer
Presumption under NI Act s.139 requires accused to rebut via preponderance of probabilities with probable defence; mere denial or unlinked supply evidence insufficient; limited revision scope defers ....
Presumption under NI Act s.139 rebuttable on preponderance of probabilities by probable defence; mere denial insufficient. Complainant need not prove financial capacity unless challenged in demand no....
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....
Dishonour of cheque – Whereas prosecution must prove guilt of an accused beyond all reasonable doubt, standard of proof so as to prove a defence on part of accused is preponderance of probabilities.
The presumption in favor of the complainant under the N.I. Act is rebuttable, and the standard of proof required to prove a defense in a criminal case is preponderance of probabilities.
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
Dishonour of cheque – Appeal against acquittal – Presumption under Section 139 read with Section 118 of NI Act is essentially based on pure common sense – Statement of accused under Section 313 Cr.P.....
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 ....
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....
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