The Appellant/Complainant has focused the present Criminal Appeal before this Court as against the Judgment passed by the Learned Judicial Magistrate, Kothagiri, The Nilgiris District in C.C.No.15 of 2003 dated 20.11.2009.

2. Heard the Learned counsel for the Appellant/Complainant and the Learned counsel for the Respondent/Accused.

3. The Learned counsel for the Appellant/Complainant submits that the judgment of acquittal in C.C.No.15 of 2003 dated 20.11.2009 passed by the trial Court is manifestly erroneous, illegal, incompetent and against the well settled principles of Law.

4. The Learned counsel for the Appellant urges before this Court that the trial Court had failed to apply its mind to the aspect that the Respondent/Accused had admitted the signature in the cheque in issue.

5. The Learned counsel for the Appellant proceeds to take a plea that the trial Court had failed to take into account of a very vital fact that the presumption was not rebutted and the contrary was not established, then it ought to have convicted the Respondent/Accused under Section 138 of the Negotiable Instruments Act, 1881.

6. It is represented on behalf of the Appellant that the trial Court befor