JUDGMENT

1. The appellant/original complainant is challenging the judgment and order dated 10/09/2014 passed by the learned Magistrate at Panaji in Criminal Case No.OA/75/2012/B thereby dismissing the complaint filed under Section 138 of the Negotiable Instrument Act (for short 'N.I.Act') and acquitting the respondent/accused herein on the ground that the respondent/accused succeeded in rebutting the presumption.

2. Vide order dated 06/04/2015 in Criminal Misc. Application No.284 of 2014, leave to file an appeal was granted and records and proceedings were called.

3. Heard Shri Ryan Da Piedade Menezes, learned Counsel for the appellant, Shri Suraj Naik, learned Counsel for respondent No.1 and Shri Mahesh Amonkar, learned Additional Government Advocate for respondent No.2.

4. With the assistance of the learned Counsel appearing for the parties, I have perused records and proceedings as well as the paper book.

5. Learned Counsel Shri Ryan Menezes appearing for the appellant strongly contended that the learned Magistrate failed to consider presumption under Section 139 of N.I. Act and wrongly put a burden on the complainant to prove otherwise. He invited attention to the document executed