1. The applicant herein is the original complainant who has challenged impugned judgment and order dated 28.02.2017 passed by the Court of Judicial Magistrate First Class, Warud (trial Court) in Summary Criminal Case No.114/2012, whereby the trial Court acquitted the respondent for offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Having heard the counsel for the applicant, sufficient ground is made out for grant of leave. Hence leave granted to the applicant to challenge the said impugned judgment and order.

Criminal Appeal No.429/2018.

The question that arises for consideration in this appeal is whether presumption under Section 139 read with Section 118 of the aforesaid Act would operate against the respondent (original accused) for an alleged offence of dishonour of cheque under Section 138 of the said Act and whether the respondent had rebutted such presumption when he failed to file reply to the complaint of the appellant and he did not adduce any direct evidence in order to support his defence. It needs to be examined whether the trial Court in such circumstances was justified in acquitting the respondent in the present case.

2. The facts in