:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3688 OF 2007 WITH CRIMINAL APPEAL NO. OF 2008 Srinivas Trimbak Joshi. ..Applicant. Vs. Dilip V. Kokate and anr. ..Respondents. Mr.S.P. Kadam for the Applicant. Mr. Jaideep Lele i/by Bharat Rathod for the Respondent No.1. Mr.S.R.Shinde, APP. for the State. CORAM: R.S.MOHITE, J. DATE : 12th August, 2008 PC : 1. Heard both sides. 2. The matters requires consideration. The question is whether presumption U/s.139 of the N.I.Act has been rebutted by the accused in view of the statement contained in the receipt to the effect that he has taken a hand loan. The question as to whether the monies were given under Memo of Understanding to which the accused was not party also requires consideration. Hence, leave granted. Consequently the appeal to be numbered. CRIMINAL APPEAL NO. OF 2008 1. By a separate order passed today I have granted the leave application. Hence, appeal admitted. The Advocates for the respondents waive service in the appeal. (R.S. MOHITE, J.)