IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1252 OF 2007 IN CRIMINAL APPEAL NO. OF 2006 Prakashchandra Dhanresha )..Applicant Versus State of Maharashtra & Ors. )..Respondents ---- Mr.Suresh Dubey for the applicant. Mr.Vivek Sharma for the respondents. Mrs.M.H.Mhatre APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 22.9.2008. PC 1. This is an application for leave to appeal. The accused has been acquitted for an offence punishable under Section 138 of Negotiable Instruments Act. After hearing both the sides and after perusing the record, I find that the acquittal is based on cogent and acceptable reasons. There are arguable points involved in the appeal. The question as to whether presumption under Section 139 has been rebutted requires re-consideration. The trial Court has not dealt with the case of the accused that cheques in question were obtained by force. This aspect also requires re-consideration. In this view of the matter, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2006 1. Leave has been granted by a separate order passed today. Hence, appeal admitted. Advocate for the applicant waives notice in the appeal. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)