1 APPLN 1034 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1034 OF 2011 M/s Sundeep Technologies Pvt. Ltd. .. Applicant. -versus Tricklers Recreation Pvt. Ltd and ors .. Respondents. Mr. Ramesh D. Patil i/b Aneeta Vasant & Co. for the applicant. Mr. K. V. Saste, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 16th November, 2011. P.C. 1. This is an application for leave to file appeal against acquittal of the respondent by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai. The learned Judge seems to have relied on the observations of the Hon'ble Supreme Court, in case of Krishna Janardan Bhat -vs- Dattatraya G. Hegade, reported in 2008 ALL MR (Cri) 1164 to the effect that section 139 merely raises a presumption about the debt or liability, however, the existence of legally enforceable debt or liability is not a matter of presumption under Section 139 of the Negotiable Instrument Act. This observation has been specifically overruled by the Hon'ble Supreme Court, in Rangappa -vs- Mohan, reported 2 APPLN 1034 OF 2011 in 2010 Cri. L. J. 2871 (SC). In view of this, leave granted. Admit. Call for Record and Proceeding. Action under Section 390 of Code of Criminal Procedure, 1908. (R. C. CHAVAN, J.)