mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3632 of 2009 Shaikh Mohammed Shafi Ibrahim ... Applicant versus Rehanabee Jafar Shaikh & Anr ... Respondents ... Mr.S.R. Ganbavale for the applicant. Mr.K.V. Saste APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th December 2009 P.C. 1. By this application, the applicant prays for quashing of criminal case no.39 of 2001 pending on the file of JMFC, Pune for offence punishable u/s.138 of the Negotiable Instruments Act. 2. The fact regarding issuance of a cheque, its dishonored, issuance of a notice and non payment in pursuance of the notice are not disputed before me. Learned counsel for the petitioner however submitted that there was no legal liability to pay the amount and as such, the petitioner could not have been prosecuted. 3. Section 118 of the Negotiable Instruments Act raises a presumption as to consideration for Negotiable Instrument. Section 139 of the Act raises an additional presumption which says that unless contrary is proved, it shall be presumed that the holder received the cheque in whole or in part of the law. Thus, the burden of proving that the cheque was without consideration and/or that there was no existing liability, is on the petitioner which he would have to discharge by adducing appropriate evidence at trial. The complaint cannot be dismissed at the threshold on petitioners contention that there was no legal liability. Writ Petition is accordingly dismissed summarily. (D.G. KARNIK,J.)