1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.458 OF 2011 WITH CRIMINAL APPLICATION NO.459 OF 2011 WITH CRIMINAL APPLICATION NO.460 OF 2011 WITH CRIMINAL APPLICATION NO.461 OF 2011 WITH CRIMINAL APPLICATION NO.462 OF 2011 National Agricultural Co-op. .Applicant Marketing Federation of India Ltd.(NAFED) V/s. The State of Maharashtra & anr. .Respondents Mr.Shashipal Shankar, Advocate, for the Applicant Smt.S.V.Sonawane, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 28TH NOVEMBER, 2011 P.C. . Heard the learned counsel for the respective parties. 2. These are the applications for leave to file an appeal against acquittal of respondent 2 No.2 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned Special Metropolitan Magistrate & Judge, Small Causes Court, Mumbai. The learned Magistrate seems to have totally ignored the presumption in respect of Negotiable Instruments. He seems to have placed the entire burden to prove legally enforceable liability on the Complainant and though the Complainant had filed enough evidence to show that the cheques in question were issued by the accused from time to time for taking delivery of goods from the cold storage godown of a third party where goods for which the Complainant had provided place were stored. Though the respondent had filed an affidavit admitting his liability. The learned Magistrate seems to have concluded that by cross examination of the Complainant's witnesses the accused had rebutted presumption. This would require further scrutiny. In view of this, leave granted. 3 3. Admit. 4. Action under Section 390. (R.C.CHAVAN, J.)