JUDGMENT

Anil Kshetarpal, 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.

2. This Court has heard learned counsel for the appellant and with his able assistance gone through the judgment passed by the trial Court.

3. Learned counsel has submitted that in view of presumption under Section 139 of the Negotiable Instruments Act, once signatures on the cheque are not disputed, therefore, it was for the respondent-accused to lead evidence and rebut the presumption available under Section 139 of the Negotiable Instruments 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 recorded following findings:-

1) Complainant has concocted false story of friendly loan, whereas in actual, present cheque was given as a blank security cheque to the complainant for grant of agency of biscuits and when the agency was not given, the complainant misused the security cheque.

2) Complainant has not disclosed the date, month and year of advan