1 Appln 3391-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3391 OF 2010 Surajmal Bunker .Applicant V/s. Qamruddin Abdul Qayyum Ansari .Respondents & anr. Mr.G.G.Togani, Advocate, for the Applicant Mr.J.P.Kharge, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 13TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to file an appeal against acquittal of respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant and respondent were doing the business in partnership in the name of Royal On-line Lottery. According to the respondent, 2 Appln 3391-2010 he had left two cheques in the name of the applicant with the amount written and signed by the respondent which were taken by the applicant and misused. The learned magistrate proceeded to acquit respondent No.1 holding that the story of the applicant advancing loan to respondent No.1 was not believable. I have perused the evidence of respondent No.1, who appeared as DW-1 and I have also seen photocopies of cheques which was made available for my perusal. I have also gone through the Judgment of the Supreme Court in Rangappa Versus Sri Mohan, reported in Criminal Appeal No.1020 of 2010 decided on 7th May, 2010 regarding presumption in respect of a Negotiable Instruments Act. Leave granted. Appeal admitted. Action under Section 390. (R.C.CHAVAN, J.)