1 APPLN 806 AND ORS vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.806 OF 2011 WITH CRIMINAL APPLICATION NO.807 OF 2011 WITH CRIMINAL APPLICTION NO.808 OF 2011 WITH CRIMINAL APPLICATION NO.809 OF 2011 WITH CRIMINAL APPLICATION NO.810 OF 2011 WITH CRIMINAL APPLIATION NO.811 OF 2011. Abhay Exports Pvt. Ltd. .. Applicant -versus M/s Geeta Marine Services Pvt. Ltd and ors .. Respondents. Mr. S. V. Marwadi, i/b Mr. S. P. Narhar, for the applicants. Ms Sharmila Kaushik, for respondent Nos 1 and 2. Mr. K.V. Saste, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 8th December, 2011 P.C. 1. These applications are for leave to file appeal against acquittal of the respondent Nos 1 & 2, ordered by the learned Additional Sessions Judge, after reversing the conviction recorded by the learned Metropolitan Magistrate, 2 APPLN 806 AND ORS Vikhroli, Mumbai, for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Judge seems to have held on the basis of observations in Krishna Janardhan Bhat -vs- Dattatray G. Hegde (2008 Cr. L. J. 1172), that the Courts must be on guard to see that merely on the application of presumption as contemplated under Section 139, the same may not lead to injustice or mistaken conviction and also the cheques were possibly issued for time barred debt. On both these aspects, the judgment needs reconsideration. Therefore, leave granted. Admit. Call for Record and Proceeding. 2. Learned counsel for the respondent Nos and 2 states that she is going to represent them, at the hearing of the appeals, therefore, action under Section 390 is dispensed with against them. (R. C. CHAVAN, J.)