-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 4206/2008 IN CRIMINAL APPEAL NO. 810/2008 ( Sanjay Kumar Mahendra Kumar Jain ..versus.. Mangesh Wamanrao Vaidya ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------- - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 26 th JUNE, 2009 Heard Shri De, the learned Counsel for the applicant. None present for the respondent, though served. This is an application for grant of leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel for the applicant has pointed out that presumptions are negatived by the trial Court and the respondent has been acquitted. According to the learned counsel for the applicant in view of the ruling reported at 2008 [4] AIR Bom R 487 (Shree Hemant Pavel .vrs. Shree Socorro Santan), once the presumption is held to be in favour of the complainant and accused is held to have not established the defence, the accused is liable for conviction. Leave to file appeal is granted. Application is allowed. -2- Criminal Appeal No. 810/2008. Heard the learned Counsel for the appellant. None for the respondent. For the reasons stated in the order passed on Criminal Application No. 4206/2008. Admit. Call R & P. JUDGE Rgd