1. This Appeal stems from judgment and order in Summary Criminal Case No. 13625/2006 decided on 13th February, 2009 by learned Judicial Magistrate, First Class, cum Special Court u/s 138 of the Negotiable Instruments Act, 1938, at Nagpur.

2. With the consent of respective counsel, the Appeal is taken up for final hearing. Heard submissions of the respective counsel appearing for the parties, at length.

3. It is the grievance of the learned Advocate for the appellant that the trial Court dismissed the Criminal Complaint filed by the appellant (original complainant) ignoring oral as well as documentary evidence on record and has failed to exercise its discretion in accordance with law. Learned Advocate on behalf of the appellant submitted that the trial Court utterly failed to consider the effect of statutory presumption available in respect of the cheque issued from the accused pursuant to dishonour of the same.

4. It is the case of the complainant that the accused had taken loan in the sum of Rs.10,000/-, which he was bound to repay, of course, with interest. The amount due from the accused was in the sum of Rs.22,745/- in respect of which he had issued a cheque bearin