JUDGMENT

Harnaresh Singh Gill, J. - Leave to appeal has been sought against the judgment of acquittal passed by the learned trial Court in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short the Act).

2. This Court has heard learned counsel for the applicant and with his able assistance gone through the paper book.

3. Learned counsel has submitted that in view of the presumption under Section 139 of the Act, once the signatures on the cheque are not disputed, it was for the respondent-accused to lead evidence and rebut the presumption available under Section 139 of the Act. Hence, he submits that in absence of evidence, the Court committed an error in dismissing the complaint and acquitting the respondent.

4. Learned trial Court, on appreciation of evidence, has found that the complainant is from a decorated Air Force Officers family, whereas the accused is from a very humble family and, thus, there cannot be any friendly relationship of the complainant with the accused, who is a mason by profession. It was further found that there was no acknowledgement of the loan or advancement of money; that the complainant had advanced money to about 50 persons and