( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2662 OF 2008 Dr. Sunil s/o Narhari Basatwar APPLICANT VERSUS Umesh s/o Jagdish Sharma RESPONDENT ..... Mr. G.O. Wattamwar, advocate holding for Mr. S.G. Rudrawar, advocate for the applicant. Mr. H.I. Pathan, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 14th August, 2009] PER COURT : 1. Heard. 2. The applicant seeks leave to appeal. 3. The cheque was admittedly issued by the respondent and was dishonoured. The defence of the respondent was that the applicant was unconcerned with a medical shop called “Nilesh Medical Stores”. The defence version was that the oral transaction of running business of the medical shop between the parties was totally illegal. The defence version was that the ( 2 ) applicant entered into such agreement with the respondent (accused) in breach of the provisions of the Medical Practitioners Act. Be that may as it is, the question is whether the cheque was issued towards discharge of the legal liability. Considering the nature of dispute, it is required to see whether presumption available under section 139 of the Negotiable Instruments Act is rebutted by the respondent. In this view of the matter, the leave to appeal is granted. The application is accordingly allowed. 4. Admit the appeal. 5. Mr. Pathan waives service for the respondent. 6. The applicant/appellant to prepare and supply private paper book within eight (8) weeks. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN2662-08