HARISH KUMAR Vs. MUKESH KUMAR

JUDGEMENT

(1.) Leave to appeal has been sought against the judgment of acquittal passed by the learned trial Court in a complaint under Sec. 138 of the Negotiable Instruments Act.

(2.) This Court has heard learned counsel for the appellant and with his able assistance gone through the judgment passed by the trial Court.

(3.) Learned counsel has submitted that in view of presumption under Sec. 139 of the Negotiable Instruments Act, once signatures on the cheque are not disputed, therefore, it was for the respondent-accused to lead evidence and rebut the presumption available under Sec. 139 of the Negotiable Instruments Act. Hence, he submits that in absence of evidence, the Court committed an error in dismissing the complaint and acquitting the respondent.