WP.1325, 1326, 1327, 1328, 1329-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1325 OF 2010 AND CRIMINAL WRIT PETITION No. 1326 OF 2010 AND CRIMINAL WRIT PETITION No. 1327 OF 2010 AND CRIMINAL WRIT PETITION No. 1328 OF 2010 AND CRIMINAL WRIT PETITION No. 1329 OF 2010 M/s. Roj Enterprizes Pvt. Ltd. ...Petitioner Vs. National Agricultural Cooperatie Marketing Financing (NAFED) & Anr. ...Respondents *** Mr. Indrajeet Joshi, for the Petitioner. Mr. P. A. Pol, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : OCTOBER 5, 2010 P.C. 1. The petitioner in all the petitions is challenging the orders of issuance of process passed by the learned J.M.F.C. Pune on the complaints filed under S. 138 of the Negotiable Instruments Act. WP.1325, 1326, 1327, 1328, 1329-10 - 2 - 2. It is submitted by the learned counsel appearing on behalf of the petitioner that there was no legally enforcible debt or liability and therefore, the learned Magistrate had erred in issuing the process. In my view, it is not possible to go into the said question – whether there was a legally enforcible debt or liability, since under S. 139 of the said Act, there is a presumption about the existence of a debt or liability which is to be repaid by the accused, at the time of issuance of the cheque. Hence, it is not possible to accept the submissions made by the learned counsel for the petitioner. Therefore, all the writ petitions are dismissed. [ V. M. KANADE J.]