1 APPLN 751 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.751 OF 2011 Ashok Pundlik Surase .. Applicant. -versus The State of Maharashtra and anr .. Respondents. Mr. N. R. Bubna, for the applicant. Mrs. S. V. Sonawane, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 11th November, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent, ordered by the learned Judicial Magistrate First Class, IV th Court, Malegaon, for the offence punishable under Section 138 of the Negotiable Instrument Act, holding that the appellant had failed to show any documentary evidence that he had capacity to advance sum of Rs.2,50,000/- to the respondent accused and that the appellant had not filed his Income Tax return or document to show that he had capacity to pay that amount. Learned Magistrate concluded that the accused had succeeded in rebutting presumption under Section 139 of the Negotiable Instruments Act. This would require reconsideration. Leave 2 APPLN 751 OF 2011 granted. Appeal admitted. Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure, 1908. (R. C. CHAVAN, J.)