IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4761 OF 2009 Shri Raju Ramlal Jongara .... Applicant Vs. Sau. Shobha Ramakant Jadhav .... Respondents & Ors. Mr. Vishwanath Talkute, Advocate for applicant. Mr. Rajesh More, APP for State Coram : Smt. R.P.SondurBaldota, J. Date : 10th February, 2011 P.C. 1. The trial Court has dismissed the complaint filed by the applicant under Section 138 Negotiable Instruments Act on the ground that the applicant has failed to establish the reason as to why amount of Rs. 1,60,000/- was given by him to the respondent- accused towards the return of which the cheque had been given. Since, there is a statutory presumption under Section 139 Negotiable Instruments Act in favour of the applicant that the cheque had been advanced to him towards legally enforceable liability, it was for the respondent to rebut the presumption. Hence, the application for leave to appeal is allowed. The appeal is admitted. (Smt. R.P. SondurBaldota, J)