<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2026 (6) TMI 1469 - HIMACHAL PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=794088</link>
    <description>Cheque dishonour under Section 138 NI Act was upheld where the cheque and signatures were admitted, the loan transaction and default were not denied, and the complainant proved presentation, dishonour, statutory notice and non-payment. The presumptions under Sections 118 and 139 operated in favour of the holder, and the accused failed to rebut them on a preponderance of probabilities. A cheque issued as security can still attract Section 138 when the underlying liability remains unpaid. Revisional jurisdiction was found too narrow for re-appreciation of evidence absent perversity or miscarriage of justice, so conviction and sentence were sustained.</description>
    <language>en-us</language>
    <pubDate>Thu, 21 May 2026 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 30 Jun 2026 07:22:22 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=909222" rel="self" type="application/rss+xml"/>
    <item>
      <title>2026 (6) TMI 1469 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=794088</link>
      <description>Cheque dishonour under Section 138 NI Act was upheld where the cheque and signatures were admitted, the loan transaction and default were not denied, and the complainant proved presentation, dishonour, statutory notice and non-payment. The presumptions under Sections 118 and 139 operated in favour of the holder, and the accused failed to rebut them on a preponderance of probabilities. A cheque issued as security can still attract Section 138 when the underlying liability remains unpaid. Revisional jurisdiction was found too narrow for re-appreciation of evidence absent perversity or miscarriage of justice, so conviction and sentence were sustained.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 21 May 2026 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=794088</guid>
    </item>
  </channel>
</rss>