Does Payment to One Partner Discharge Liability Under Section 138 NI Act When Cheque Issued to Another? Clarification on Rebuttal of Presumptions and Payment by/To Partners in Criminal Appeals Against Acquittal

The Himachal Pradesh High Court clarified that, on facts, payment to one partner can discharge the accused’s liability under Section 138 of the NI Act, even if the cheque was issued to the other. The judgment strictly applies the well-settled standards for appellate interference with acquittal and affirms existing Supreme Court precedent; it is binding within Himachal Pradesh and persuasive elsewhere, especially regarding payment in partnership contexts under criminal law.

 

Summary

Category Data
Case Name CR.A/288/2012 of KAMAL PRAKASH Vs GIAN PARKASH SHARMA
CNR HPHC010092822012
Date of Registration 01-01-2012
Decision Date 30-10-2025
Disposal Nature Dismissed
Judgment Author Hon’ble Mr. Justice Rakesh Kainthla
Court High Court of Himachal Pradesh
Precedent Value Binding within Himachal Pradesh; persuasive elsewhere
Overrules / Affirms
  • Affirms settled Supreme Court precedent on appellate interference with acquittal
  • Applies Partnership Act
Type of Law Criminal Law / Negotiable Instruments Act / Law of Partnership
Questions of Law Whether payment to one partner (not cheque payee) amounts to discharge of liability under Section 138 NI Act
Ratio Decidendi

The presumption under Sections 118(a) and 139 of the NI Act is rebuttable if evidence shows liability is discharged.

Payment made to the complainant’s partner Yan Singh Sonkhla, with whom the complainant jointly executed the work, constitutes discharge under Section 25 of the Partnership Act.

The receipt by the partner and subsequent evidence rebuts the presumption in favour of the payee.

Appellate interference with acquittal is limited to cases of patent perversity, misreading/omission of material evidence, or when no two views are reasonably possible.

The judgment found none of these grounds satisfied and affirmed acquittal.

Judgments Relied Upon
  • Surendra Singh v. State of Uttarakhand, 2025 SCC OnLine SC 176: (2025) 5 SCC 433
  • Babu Sahebagouda Rudragoudar v. State of Karnataka, 2024 SCC OnLine SC 4035
  • Rajesh Jain v. Ajay Singh, (2023) 10 SCC 148: 2023 SCC OnLine SC 1275
  • Rajesh Prasad v. State of Bihar, (2022) 3 SCC 471
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Appellate court’s limited power to interfere with acquittal
  • Nature of presumption under NI Act
  • Section 25 of Partnership Act
  • Evidentiary burden for rebuttal of presumption
Facts as Summarised by the Court

Appellant and respondent, both contractors, worked as partners on an airport project.

The accused issued a ₹1,00,000 cheque to the complainant, which was dishonoured for insufficient funds.

The accused claimed to have made cash payment to the complainant’s partner, which was evidenced by a receipt.

Trial court convicted accused; appellate court set aside conviction based on proof of payment to the partner.

Practical Impact

Category Impact
Binding On All subordinate courts in Himachal Pradesh
Persuasive For Other High Courts, Supreme Court, especially in cases involving payment to/among partners under NI Act
Follows
  • Surendra Singh v. State of Uttarakhand
  • Rajesh Jain v. Ajay Singh
  • Rajesh Prasad v. State of Bihar

What’s New / What Lawyers Should Note

  • Clarifies that payment made to a complainant’s partner can discharge the accused’s liability under Section 138 of the NI Act if the work was executed jointly.
  • Reaffirms that presumption under NI Act is rebuttable once credible evidence of discharge is led.
  • Strictly applies the principles governing appellate court interference with acquittals: only where perversity or misreading/omission of evidence is manifest.
  • Recognises the application of Section 25 of the Partnership Act to criminal liability in cheque dishonour cases involving partnership work.

Summary of Legal Reasoning

  • The court began by reiterating the standard from Supreme Court precedents (Surendra Singh; Babu Sahebagouda Rudragoudar; Rajesh Prasad) that appellate interference with acquittal is narrowly confined.
  • It reviewed the facts and held that complainant’s own admissions established a partnership between him and Yan Singh Sonkhla for execution of the contract work.
  • Evidence (oral testimony, receipt Ex.DX) showed payment of the relevant sum to the complainant’s partner, which under Section 25 of the Partnership Act constituted discharge.
  • The court emphasised that presumptions under Sections 118(a) and 139 NI Act are rebuttable; once rebutted by credible evidence, the presumption “disappears” and cannot form the basis for conviction.
  • On this basis, the learned appellate court’s view acquitting the accused was a “possible view” and interference on appeal was unwarranted.

Arguments by the Parties

Petitioner:

  • Payment made to a partner does not discharge the liability when cheque was issued to the complainant.
  • The cheque was in the complainant’s name, not the firm, so the accused remained liable.
  • The appellate court erred in relying on payment to partner.

Respondent:

  • Complainant and Yan Singh Sonkhla worked together and jointly executed the work.
  • Payment to Yan Singh Sonkhla, as a partner, satisfied the liability.
  • The appellate court’s view is reasonable and should not be interfered with.

Factual Background

The appellant and respondent, both contractors, jointly executed excavation work at Bhunter Airport. A cheque for ₹1,00,000 was issued by the accused to the complainant for this work but was dishonoured for insufficient funds. The accused claimed to have already paid this amount in cash to the complainant’s partner, which was corroborated by a receipt. The trial court convicted the accused under Section 138 NI Act, but the appellate court acquitted him on the ground that the liability had been discharged by payment to the partner.

Statutory Analysis

  • Sections 118(a) and 139 of the Negotiable Instruments Act: Discussed presumption of consideration and liability attached to issued cheques; clarified that such presumption is rebuttable.
  • Section 25 of the Partnership Act: Interpreted to mean that payment made to one partner discharges liability to the partnership.
  • Section 378 of CrPC: Applied Supreme Court precedents regarding scope of appellate interference with acquittals.

Alert Indicators

  • ✔ Precedent Followed – The judgment strictly follows established Supreme Court precedent on standards for appellate review of acquittals and the nature of presumptions under the NI Act.

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