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9 I would now embark on the evidences and rival contentions advanced by counsel of the parties and give my findings thereon. 

CC.No.24864/09                                                                            Page no. 6 of 12
 10                        Learned   counsel   for   complainant  reiterated   the   facts   as   are

mentioned in the complaint and also contended that accused has failed to lead any evidence to prove that cheque in question was a blank signed security cheque.It is also contended that cheque was an EMI cheque which fact has not been rebutted by the accused and accused has also failed to rebut the presumptions under section 118 and 139 of N.I Act in favour of the complainant. In retort, learned counsel for the accused has contended that complainant has failed to prove the legally enforceable debt or liability and the statement of account filed by the complainant is also unsigned and hence inadmissible and same is the case with return memo showing the factum of dishonour which is neither signed nor stamped hence no offence is made out under section 138 of N.I Act.