H.C. Mishra, J.— Heard learned counsels for both the sides and perused the record.

2. This appeal is directed against the Judgment of acquittal dated 24.4.2009 passed by Shri Kumar Kamal, learned Additional Sessions Judge, Fast Track Court-III, Dhanbad in Criminal Appeal No. 288 of 2008, whereby the learned Appellate Court below has set aside the Judgment of conviction and Order of sentence dated 1.9.2008 passed by the learned Trial Court in C.P. Case No. 414 of 2006/Trial No. 471 of 2008, convicting the respondent No.2 accused for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the ‘N.I. Act’). It was held by the learned Appellate Court below that the accused had succeeded in raising probable defence and the presumption under the N.I. Act was rebutted by the accused. Accordingly, the respondent accused was acquitted of the accusation by the learned Appellate Court below.

3. The complainant Gauranga Dutta had filed the complaint petition in the Court below against the accused Md. Kalam Azad stating that the complainant is the proprietor of shop no. 8, situated at Dutta Mansion, Hirapur, Dhanbad and the accused was inducted as a t