1 appln 754 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.754 OF 2011 Pravin K Pisat, .. Applicant. -versus Subhash M Shet and anr .. Respondents. Mr. C.V. Gavnekar, for the Applicant. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 18th July, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent No.1, ordered by the learned Judicial Magistrate First Class, Mangaon, District:Raigad. Learned Magistrate has relied on the judgment of this Court, Sanjay Mishra -vs- Kanishka Kapoor @ Nikki and anr , 2009 (3), Bom. C.R. (Cri) 157, which in turn relied on the Judgment of Supreme Court, in Krishna Janardhan Bhat -vs- Dattatray Hegde, 2008 (2) Bom. C.R. (Cri) 505 (S.C.). Krishna Janardhan Bhat has been overruled to the extent it held that section 139 of the Negotiable Instruments Act, need not mandate presumption of existence of legally enforceable debt or liability. In view of this leave granted. Admit. Call for Record and proceeding. Action under Section 390 of Criminal Procedure Code. (R. C. CHAVAN, J.)