1 APPLN-1095.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1095 OF 2011 Deepak Ashok Dhale .... Applicant Vs. Ashutosh John Bedekar & Anr. .... Respondents Shri Shekhar Ingawale for the Applicant. Smt. V.R. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: DECEMBER 05, 2011 P.C: 1. This is an application for leave to file appeal against acquittal of the respondent by the learned Judicial Magistrate, First Class, 16th Court, Kolhapur for the offence punishable under Section 138 of the Negotiable Instruments Act. It was the applicant's case that the accused had entrusted with him a job of printing 10000 copies of a booklet called "Healing Hunt". The applicant accordingly printed those copies and delivered the copies to the respondent. The respondent had given a cheque for Rs.1,00,000/- towards the printing cost. This cheque was dishonoured. Notice was 2 APPLN-1095.11 issued and after the respondent failed to pay, complaint was filed. 2. The learned Magistrate held that the complainant did not prove that the complainant had received order for printing 10000 copies of Healing Hunt and therefore refused to accept the complainant's case about dishonour of cheque. It seems that the learned Magistrate has totally over-looked the presumption under the Negotiable Instruments Act in respect of negotiable instruments. Hence leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)