2010 (8) TMI 1151

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....nant being aggrieved by the order of acquittal passed by the III Addl, Civil Judge (Jr.Dn.) & JMFC., Udupi in C.C.No.3207/04. 2. the complaint filed by the complainant for dishonour of the cheque issued by the accused for Rs. 4,00,000/- came to be dismissed on the ground that, the accused has placed sufficient and probable evidence and also immediately sent a reply legal notice to the complaina....

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...., apart from, filing complaint against the complainant, wherein, the complainant is acquitted. The trial Court, without considering the fact that the initial presumption is there in favour of the complainant, apart from producing the documents like on demand promissory notes and receipts for having lent the amount, only on technical grounds without considering the case of the complainant in t....

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....has been acquitted. Admittedly, when a cheque is produced which is duly signed by the accused and apart from the cheque, on demand promissory note and as well as the receipts for having received the amount have been produced, even as per Section 139 of the N.I.Act, the initial presumption is in favour of the holder of the checue as is held in the case of Rangappa Vs. Mohan reported in AIR 201....