JUDGMENT

No representation for the appellant, inspite of the case being notified in the advance list published on 19.02.2024.

2. The appeal against the acquittal arising out of the private complaint initiated under Section 138 of NI Act. The trial Court considering the evidence let in by the complainant found that not adequate to convict the accused for issuing subject cheques without adequate balance.

3. The present appeal is filed stating that the trial Court ought to have drawn the presumption under Section 139 of NI Act and should have convicted the accused. It is pertinent to note that to draw the presumption under Section 139 of NI Act the foundational facts alleged in the complaint should have been proved in other words the fact that the subject cheques were issued to discharge legal lability ought to have been pleaded and proved.

4. In this case, this Court finds that the subject cheques issued by the accused Mill through its Director the second accused was presented for collection on 05.01.2002 and it was dishonored and returned with intimation memo. In reply to the statutory notice, the accused has denied the liability and the transaction been disputed citing the criminal co