IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2223 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Pundalik Ramesh Kamat )..Applicant Versus Sanjay Anand Rane & Ors. )..Respondents ---- Mr.P.R.Arjunwadkar for the applicant. Mr.P.S.Dani for respondent no.1. Mr.A.S.Shitole APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.9.2008 PC 1. Heard both sides. Perused the record. In my view arguable points are made out in the appeal. The question as to whether the accused has rebutted the presumption under Section 139 will have to be gone into specially as the cheque was for an amount of Rs.2,50,000/-. The accused has admitted the receipt of Rs.1,75,000/- by demand draft but came out with the defence that he has not received further amount of Rs.75,000/- in cash. In the circumstances, it was for him to explain why he issued a cheque of Rs.2,50,000/-. The evidence also indicates that the demand draft was given in the name of one Manthan restaurant and the bank account would stood in the sole name of the accused. Hence, leave granted. Office to number the appeal. : 2 : CRIMINAL APPEAL NO. OF 2006 . Leave has been granted by a separate order passed today. Hence, appeal admitted. Learned Advocate for respondent no.1 in the application waives notice. APP also waives notice on behalf of the State. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)