IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 311 OF 2009 IN STAMP NUMBER MAIN NO. 2873 OF 2009 THE BHANDARI CO-OPERATIVE CREDIT SOCIETY LTD THROUGH MANAGER ... Applicant Versus MR. SIDNEY C. PEREIRA AND ANR., ... Respondents Mr. J. Godinho, Advocate for the applicant. None present for the respondents. Coram:- U. D. SALVI, J. Date:- 16th December, 2009 P.C. Heard. Perused application and annexures therewith. Service is complete. 2. Acquittal of the respondents/accused based on the negative finding on the issue of existence of legally enforceable debt at the time of issuance and delivery of cheque in question is sought to be challenged by the applicant. It is pointed out from the impugned Judgment how the learned trial Court erred in shifting burden to prove the existence of legally enforceable debt initially on the applicant/complainant, despite the presumption under section 139 of Negotiable Instruments Act, 1881. Appeal is not time barred. Leave to prefer appeal against the said impugned Judgment and Order of acquittal is granted. Appeal be numbered. U. D. SALVI, J. vn