(1) (902) Appln 4227/09 & 14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 4227 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4238 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4239 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4240 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Airlines Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4241 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Airlines Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4242 OF 2009 Apple Finance Ltd. .. Applicant Vs. (2) (902) Appln 4227/09 & 14 Elbee Airlines Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4264 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4266 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Airlines Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4267 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd .. Respondent WITH CRIMINAL APPLICATION NO. 4268 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4272 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4273 OF 2009 Apple Finance Ltd. .. Applicant (3) (902) Appln 4227/09 & 14 Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4274 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Services Ltd & Ors. .. Respondents WITH CRIMINAL APPLICATION NO. 4275 OF 2009 Apple Finance Ltd. .. Applicant Vs. Elbee Airlines Ltd & Ors. .. Respondents Ms. Divya Chavan and Sunita Deokar i/b Ms. Revati Mohite- Dere for the Applicant. Ms. Rashmi Gagwani i/b Mr. Ganesh Gole for Respondent Nos.1 to 3. Mrs. A. A. Mane, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 29th April, 2011. P.C. 1. These applications are filed for leave to file an appeals against the acquittal in criminal complaints under Section 138 of the Negotiable Instruments Act. The basis of the complaints are two agreements executed in 1995 and 1998 admittedly between the parties. The agreement executed in 1998 made a part novatio with regard to the payment to be made under the agreement. The other terms and conditions remained unchanged. The schedule of payment is annexed to the agreement. This shows various cheques of specified dates bearing (4) (902) Appln 4227/09 & 14 specified numbers for specific amounts given to the Complainant. The cheques given have been dishonoured. 2. The cheques are stated to have been given for security. They were, therefore, issued to secure the payment of the amounts mentioned in the schedule to the agreement of 1998. The statutory presumption must, therefore, hold good. The accused must rebut the presumption. The rebuttal can be only by showing payments made otherwise by the accused. If such payments are shown, the cheques would have to be returned. If no payment is made, the cheques would have necessarily to be encashed. That case on merits has not been correctly appreciated. 3. Counsel on behalf of the accused also contends that the deponent on behalf of the Complainant did not have the requisite authority. A power of attorney in that behalf is produced. It would have to be seen whether under such power of attorney the authority would be proper and complete. 4. Leave to Appeal is granted in all the Appeals. Appeals to come up for admission on 21st June, 2011. In view of the aforesaid to neat points of law, the Appeals shall be disposed of at the stage of admission. Call for R & P. Issue notice upon the Respondent. Applicant to serve by private service. (ROSHAN DALVI , J.)