1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1313 OF 2011 Bhimrao Dattu Jagtap .Applicant V/s. Eknath Ganpati Patil & anr. .Respondents Mr.Surel S. Shah, Advocate, for the Applicant Smt.S.V.Sonawane, APP, for Respondent No.2 - State CORAM : R.C.CHAVAN, J. DATE : 18TH NOVEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. The learned counsel for the applicant seeks leave to file an appeal against acquittal of respondent No.1 ordered by the learned Additional Sessions Judge, Jaysingpur after reversing conviction recorded by the learned Judicial Magistrate F.C., Kurundwad. The learned Judge held that existence of legally 2 enforceable debt is not a matter of presumption under Section 139 of the Negotiable Instruments Act, 1881. Reliance is placed on the Judgment in Krishna Janardhan Bhat Versus Dattatraya G. Hegde, reported at 2008 ALL MR (Cri.) 1164(SC) which part of the Judgment has been reversed by the Supreme Court in Rangappa Versus Sri Mohan, reported at 2010 DGLS (Soft.) 285. In view of this, leave granted. 3. Admit. 4. Call for R & P. 5. Action under Section 390. (R.C.CHAVAN, J.)