APPLN-781.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.781 OF 2011 Shyam Kumar Gupta .... Applicant Vs. Kundan Virarkar & Anr. .... Respondents Shri R.P. Ojha for the Applicant. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: JULY 19, 2011 P.C: Heard the learned counsel for the applicant. The judgment of the learned Magistrate is based on the observations of the Supreme Court in Krishna Janardhan Bhat v. Dattatraya G. Hegde, reported in 2008 All M.R. (Cri.) 1164 (SC), that presumption under Section 139 of the Negotiable Instruments Act does not pertain to a legally enforceable debt or liability, which has been overruled by a Three Judge Bench of the Supreme Court in Rangappa v. Mohan, reported in 2010 Cri.L.J. 2871. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of the Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)