Telangana High Court|Monday, 23 February 2026
Himachal HC Upholds Conviction in Arvind Bhardwaj vs Nettar Singh Cheque Bounce Case
Bench
Hon'ble Justice Rakesh Kainthla
Rakesh Kainthla
Himachal HC Upholds Conviction in Arvind Bhardwaj vs Nettar Singh Cheque Bounce Case (2026) held that The presumption under Sections 118(a) and 139 of the Negotiable Instruments Act applies, establishing that the cheque was issued for a legally enforceable debt.
The case involves a revision petition filed by Arvind Bhardwaj against Nettar Singh concerning a dishonored cheque under Section 138 of the Negotiable Instruments Act. The petitioner had paid an advance for a machine but did not receive it, leading to the issuance of a cheque that was subsequently dishonored. The trial court convicted the respondent and upheld the conviction on appeal, which led to the current revision petition. The High Court dismissed the revision, affirming the lower courts' findings.
The presumption under Sections 118(a) and 139 of the Negotiable Instruments Act applies, establishing that the cheque was issued for a legally enforceable debt.
The revisional court's scope is limited to correcting patent defects or jurisdictional errors, not to reassess factual findings.
Concurrent findings of fact by lower courts are generally upheld unless there is a clear error in law or jurisdiction.
Trial Court convicts the accused and sentences him.
Appellate Court upholds the Trial Court's judgment.
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