(1.) Heard Ms. Ratna Vora, learned advocate on record for the applicant-original complainant and Mr. Nitesh Jain, learned advocate on record for the respondent-original accused.
(2.) This application is filed under Sec. 378(4) of Cr.P.C. seeking leave to appeal against the judgment and order dated 03 04.2023 passed by the learned 7th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Surat, in Criminal Case No.4782 of 2019. By the said judgment and order, the learned Magistrate has proceeded to record the order of acquittal of present respondent-accused for the offence alleged under Sec. 138 of the N.I. Act.
(3.) At the outset, learned advocate for the applicant has invited attention of this Court to the reasons assigned by the learned Magistrate while passing the impugned order of acquittal. Learned advocate for the applicant has drawn attention of this Court to the fact that though the accused had disputed his signature on the three cheques, however, no criminal complaint was lodged in this regard. In such circumstances, the defence raised by the accused with regard to the dispute of his signature on the cheque was rightly not accepted by the learned Magistrate. It is further submitted that in such circumstances, the presumption would always arise in favour of the complainant with regard to the existence of legally enforceable debt as on the presentation of the cheque.