JUDGMENT :

Nutan D. Sardessai, J.

The appellant has challenged the judgment of the learned Judicial Magistrate, First Class dated 28.05.2014 pursuant to which the learned Judicial Magistrate, First Class held that the appellant had failed to establish the guilt of the respondent and acquitted him of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (Act for short hereinafter). The parties would hereinafter be referred to as the appellant and the respondent for brevity sake.

2. Aggrieved by the said judgment, the appellant challenged the same on the grounds that the learned Trial Court had misdirected itself on facts and in law while passing the impugned judgment. The learned Trial Court failed to consider the statutory presumptions that arose in favour of the appellant under Sections 118 and 139 of the Act and further to evaluate the evidence adduced by the appellant bearing in mind the said statutory presumptions. The learned Judicial Magistrate, First Class failed to consider that the respondent no.1 had admitted that he had signed the dishonoured cheque and in view thereof, ought to have drawn the necessary presumption in favour of the complainant that