Revisiting Presumption of Debt in Cheque Dishonour Cases: High Court Sets Aside Acquittal and Reaffirms the Scope of Section 138 of the Negotiable Instruments Act – The High Court Of Himachal Pradesh

Introduction of the Case The Himachal Pradesh High Court at Shimla delivered an important judgment on 01 January 2026 in Criminal Appeal No. 4176 of 2013, clarifying the scope and strength of legal presumptions under the Negotiable Instruments Act, 1881. The appeal was decided by Hon’ble Mr Justice Rakesh Kainthla, setting aside an earlier acquittal passed by the trial court in a cheque dishonour case under Section 138 of the…