Negotiable Instruments Act, 1881–Sec. 138–Acquittal from the offence–Justification–Accused-respondent admitted that his signed cheques were mis-used–However, no evidence was produced to prove this fact–Presumption would be in favour of complainant that the cheque was issued by the accused for payment of existing dues–For the certain lapses of the complainant, Trial Court wrongly observed that the accused discharged his burden u/s. 139–Held, accused-respondent is liable to be convicted u/s. 138.
