1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.4099 OF 2009 IN CRIMINAL CASE NO.2577/SS OF 2008 AND CRIMINAL APPLLICATION NO.4100 OF 2009 IN CRIMINAL CASE NO.5227/SS OF 2008 Dattatraya Babu Koli ...Applicant (Orig.Complainant) Vs. The State of Maharashtra & Ashok Rao ...Respondents (Orig. Accused) Ms.Khushboo Jain, Advocate for the Applicant Mr. S.R. Shinde, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 18TH NOVEMBER, 2009 P.C. 1.These are applications for leave to file Appeal. In both the appeals the order of the learned Designated Court in B.B.C under TADA Act in Revision Applications Nos.766 and 767 of 2009 have been passed rejecting those Revision Applications filed from the order of acquittal of the learned Metropolitan Magistrate, 31 st Court, Vikroli in C.C.No.2577/2008. Two criminal complaints came to be filed by the applicant herein under Section 2 138 of the Negotiable Instruments Act upon all together 6 cheques of Rs.50,000/- pertaining to the total liability of Rs.3,00,000/- by way of principal amount under those cheques in the aforesaid two criminal cases. It has been the defence of the accused/respondent No.2 herein that he has repaid the amounts under the transactions and the cheques were given by way of security. Consequently, the statutory presumption is sought to be rebutted. The accused must therefore, show the repayment made. The complainant has admitted repayment of Rs.50,000/- only. Rs.2,50,000/-, therefore, remains in dispute. The rebuttal of the statutory presumption shall have to be considered in the Appeal. 2.Leave to Appeal is granted. 3.Hamdast allowed. 4.Issue notice upon respondent No.2. The learned A.P.P waives service on behalf of respondent No.1. 5.The applicant shall serve respondent No.2 by RPAD and UPC. 6.Criminal Applications are disposed off accordingly. (SMT. ROSHAN DALVI, J.)