(1) (901) Appln 2864/06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 2864 OF 2006 Amruta Suhas Guruji .. Applicant Vs. Jaya Chandrakant Patel & Ors. .. Respondents Mr. P. R. Arjunwadkar for the Applicant. Mrs. A. A. Mane, APP for the Respondent State. Mr. D. S. Mhaispurkar for Respondent Nos.1 & 2. CORAM : MRS. ROSHAN DALIV, J. Date : 5th May, 2011. P.C. 1. This is an application for leave to file Appeal against the order of acquittal in a case of dishonour of cheque under Section 138 of the Negotiable Instruments Act. There was a transaction for sale of three shops between the parties. The amount of consideration was Rs. 15 lacs odd. Rs.5 lacs odd were payable in cash as per the subsequent agreement between the parties. Rs.6 lacs odd were payable by cheque. Four cheque were issued. There were two cheques of Rs.1.25 lacs, one cheque was of Rs.1.50 lacs and one cheque was of Rs. 1.47 lacs. The first two cheques were honoured and one cheque is dishonoured. Soon thereafter an amount of Rs.1.50 lacs is paid in cash. The receipt does not mention that it is in lieu of cheque amount. Cash amount was also payable. The Complainant has appropriated towards the cash amount payable. The cross-examination of the Complainant in the suggestion put to the Complainant shows that this cheque was to be again presented for encashment and that some liabilities still remained. This would have to be (2) (901) Appln 2864/06 examined. 2. Mere showing that some amount has been paid would not rebut the presumption in an admitted transaction when dishonoured cheque was admittedly issued. The accused must show that the payment made was in lieu of that some cheque to rebut statutory presumption. Hence leave to Appeal is granted. 3. Appeal to come up for admission on 27th June, 2011. In view of the short question involved and since R & P has already been called, the Appeal shall be disposed of at the stage of admission itself. (ROSHAN DALVI, J.)