Judgment : Appellant-complainant filed this Criminal Appeal by invoking the provision under Section 378 (4) of the Criminal Procedure Code (in short ‘Cr.P.C.’) being aggrieved by the judgment dated 8.9.2005 rendered in Criminal Appeal No.80 of 2004 by the II Additional District & Sessions Judge (F.T.C.), Medak at Sangareddy. Initially, appellant filed a complaint in C.C.No.362 of 2003 before the Judicial Magistrate of First Class (Special Mobile Court), Sangareddy, against R.1-accused wherein vide judgment dated 01.07.2004 accused was found guilty for the offence punishable under Section 138 of Negotiable Instruments Act (in short ‘the Act’), convicted under Section 255 (2) Cr.P.C. and sentenced to undergo simple imprisonment for one year and also to pay compensation of Rs.55,000/-. Challenging the same, R.1-accused preferred Criminal Appeal No.80 of 2004. While allowing the said appeal, the learned appellate Judge set aside the order of the trial Court on the ground that the complainant has not proved the fact that the cheque was issued in discharge of legally enforceable debt and thereby acquitted the accused. Aggrieved over the same, present appeal is filed by the complainant. This Court heard arguments of the either side counsel and also perused the entire material on record, more particularly, the judgements of the Courts below. Section 139 of the Act reads as follows: Presumption in favour of holder: It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability." Thus, it is evident from the said section that unless the contrary is proved, it has to be presumed that the cheque is issued in connection with legally enforceable debt. Hence, the observation made by the learned appellate Judge is bad in law and the impugned judgment liable to be set aside. Therefore, the impugned judgment is set aside, the conviction imposed by the trial Court against the accused-R.1 is confirmed. However, considering the fact that the offence alleged against the accused is quasi civil in nature, the sentence of imprisonment and order of compensation passed against the accused is hereby set aside. Further, the accused is directed to pay a fine amount of Rs.55,000/- (Rupees Fifty Five Thousand only) before the trial Court on or before 30.08.2013, in default, the accused shall undergo rigorous imprisonment for three months. Further, the accused is directed to pay a fine amount of Rs.55,000/- (Rupees Fifty Five Thousand only) before the trial Court on or before 30.08.2013, in default, the accused shall undergo rigorous imprisonment for three months. On payment of such fine amount, the trial Court is directed to pay the same to the appellant-complainant towards compensation. Accordingly, the Criminal Appeal is allowed. Miscellaneous petitions filed in this appeal, if any, shall stand closed.