JUDGMENT AND ORDER :

Vijay Bishnoi, J.

This leave to appeal is filed on behalf of the appellant seeking leave to file appeal against the judgment dated 18.07.2011 passed by the Judicial Magistrate, Pali (hereinafter to be referred as 'the trial court') in criminal case No.87/2007 whereby the trial court has acquitted the accused respondent for the offence punishable under Section 138 of the Negotiable Instrument Act while holding that since the complainant in discharging of his burden has failed to proved the guilt of the accused for the said offence, the accused is liable to be acquitted.

2. After scrutinizing the evidence available on record, the trial court has observed as under :

"Thus by leading such oral and documentary evidence, the accused has discharged the initial onus of proof showing that the existence of consideration was improbable or doubtful, thereby rebutting the statutory presumptions. In such circumstances, the onus now shifts on the complainant who has to proved that the accused defence is false and that the hand loan of 21000/- was actually given to the accused to meet his necessity and that the accused gave the cheque for the discharge of such debt. But the compla

Click Here to Read the rest of this document