IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3610 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Shri Dilip Shamrao Ghodnadikar )..Applicant Versus Prakash Madhukar Medhekar & Ors. )..Respondents ---- Mr.Nitin Jamdar for the applicant. Mrs.A.T.Jhaveri APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.9.2008. PC 1. Heard Advocate for the applicant. The respondent is absent though served. After perusing the record, I find that the arguable points are made out in the application which is for grant of leave to appeal against acquittal under Section 138 of Negotiable Instruments Act. In my view, the question as to whether the accused has rebutted the presumption under Section 139 will have to be re-considered. His defence was that the cheques were taken by force at the police station. He however, choose not to enter the witness box nor examine any other witness. The effect of this requires re-consideration. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2006 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)