1 appln 669 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.669 OF 2011 M/s Apex Stock Brokers Pvt. Ltd .. Applicant. -versus Aditya Kumar C.Atre and anr .. Respondents. Mr. U. A. Ghawate, for the Applicant. Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st July, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondent, rendered by the learned Metropolitan Magistrate, 27th Court, Dadar. The learned Magistrate held that the complainant had proved that an amount of Rs.8,00,000/- was paid to the accused. The cheque in question was issued by accused and the cheque was dishonoured. But the learned Magistrate seems to have accepted defence suggestion that the cheque was given towards security for some shares which accused was supposed to give, without any documents being produced. The learned Magistrate has relied on judgment of Krishna Janardan Bhat -vs- Dattatraya G Hegade, 2008 Cri. L. J. 1172, and held that presumption under Section 139 of the Negotiable Instrument Act, extended only to the existence of 2 appln 669 of 2011 debt or liability, but not to the fact that liability was legally enforceable. Now this observation in case of Krishna Janardan Bhat, has been over-ruled by the judgment of Rangappa -VS- Mohan, 2010 Cri. L. J. 2871. Therefore, the very foundation of the judgment of the learned Magistrate may not survive. This question would require consideration. Hence leave granted. Admit. Call record and proceeding. Action under Section 390 of Criminal Procedure Code. (R. C. CHAVAN, J.)