Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Amarjeet Mankotia – Appellant
Versus
Bhagwan Dass – Respondent
| Table of Content |
|---|
| 1. cheque dishonoured for insufficient funds; complaint filed. (Para 1 , 2 , 3 , 4) |
| 2. arguments on evidence misappreciation and notice service. (Para 5 , 6) |
| 3. s.139 presumption rebuttable by preponderance of probabilities. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. no initial proof needed for complainant's financial capacity. (Para 14 , 15) |
| 5. registered post notice to correct address is sufficient. (Para 16 , 17 , 18) |
| 6. accused failed rebuttal; s.138 conviction upheld. (Para 19 , 20 , 21) |
JUDGMENT :
Sushil Kukreja, J.
The present revision petition has been preferred by the petitioner-accused (hereinafter referred to as ‘the accused’) under Sections 397 read with Section 401 of the Code of Criminal Procedure (Cr.P.C.) against the judgment dated 24.08.2022, passed by the learned Sessions Judge, Hamirpur,, H.P., in Criminal Appeal No.17 of 2021, whereby the appeal filed by the accused against the judgment of conviction dated 15.03.2021 and order of sentence dated 18.03.2021, passed by the learned Additional Chief Judicial Magistrate, Court No.1, Hamirpur, H.P., in Complaint No.49-III-15, titled Bhagwan Dass vs. Amarjeet Mankotia, were upheld and the appeal filed by the accuse
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....
The main legal point established in the judgment is that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defe....
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....
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 ....
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 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....
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
The presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act is rebuttable, but the burden lies on the accused to provide evidence to the contrary.
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....
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
