:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3302 OF 2007 WITH CRIMINAL APPEAL NO. OF 2008 Sanjay S. Donde. ..Applicant. Vs. State of Maharashtra and anr. ..Respondents. Mr. T.J. Pandian for the Applicant. Mr. Khandeparkar for the Respondent No..2. Mr. A.S.Shitole, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 14th August, 2008 PC : 1. Heard both sides. 2. Arguable points are made out in the application. It is held that presumption is rebutted because the complainant has not shown the loan amount of Rs.29,000/- in Income Tax returns. The complainant was in service in the railways. His tax is deducted at source. The question as to whether he has to show the expenditure, requires consideration. The defence of the accused that he had lost the cheque in the train. No complaint is filed. No stop payment instructions are issued to the bank. In the circumstances, leave granted. Office to number the appeal. Application is disposed off. CRIMINAL APPEAL NO. OF 2008 :2: 1. By a separate order passed today, leave has been granted. Hence, Appeal admitted. Mr. Khandeparkar waives service in the appeal. (R.S. MOHITE, J.)