JUDGMENT

1. The Original Complainant through legal heir preferred present appeal thereby challenging the Judgment and Order dated 02.05.2017 passed by the learned Magistrate at Canacona in Criminal Case No.17/OA/NI/2015 by which Respondent was acquitted for the offence punishable under Section 138 of N.I. Act.

2. Vide order dated 20.09.2017, leave to appeal was granted and the appeal was admitted.

3. The records and proceedings along with the paper-book were called.

4. Heard learned Counsel Mr Iftikhar Agha appearing with Mr Ketan Morajkar for the Appellant and learned Counsel Mr Zeller de Souza for the Respondent.

5. With the assistance of the learned Counsel appearing for the respective parties, I have perused the record and more specifically the findings in the impugned Judgment.

6. Mr Agha appearing for the Appellant would submit that the cheque issued by the Respondent is admitted including the signature and the amount. Thus, presumption arises under Section 139 of N.I. Act. In this respect, he would submit that in reply to the notice issued by the Appellant, Respondent clearly admitted of the loan but claimed in defence that such loan was repaid. He, therefore, would submit that on