MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.2954 OF 2009 IN CRIMINAL APPEAL NO. OF Ramesh Hanmant Nikam ...Applicant Vs. Vasant Gangadhar Kumbhar & Ors. ...Respondents Mr.Anilkumar Patil for the applicant Mr.Shailesh More, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 7TH NOVEMBER, 2009 P.C. 1.The case of the applicant is that he had lent an advance of Rs.50,000/- to the respondent No.1. The respondent No.1 had issued a cheque, which came to be dishonoured. The respondent No.1 has shown repayment made. He has produced some receipts. He has examined himself. In his cross examination even a case that the case of the respondent No.1 is false is not put. The applicant has claimed in his evidence that the receipts relied upon by the respondent No.1 are fabricated. 2.Once the receipts are shown, the presumption of consideration stands rebutted. It is then for the applicant/lender to show how the amount under the cheque came to be given. That is not shown. Hence, the criminal prosecution does not lie. The order of acquittal cannot be faulted. Consequently, leave to appeal cannot be granted and is refused. (SMT. ROSHAN DALVI, J.)