1 appln 46 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.46 OF 2011 Karan Anand Keswani .. Applicant. -versus Umesh Shetty and anr .. Respondents. Mr. Ravi Gurnani, for the Applicant. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 26th July, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal of respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, rendered by the learned Metropolitan Magistrate, 14th Court, Girgaon, Mumbai. The learned Judge, seems to have relied on the judgment of this Court, in Sanjay Mishra -vs- Ms. Kanishka Kapoor, 2009, ALL MR Cri. 1080. This judgment of Sanjay Mishra’s case was based on the judgment of Supreme Court in Krishna Janardan Bhatt -vs- Dattatray Hegde, 2008 All M.R. (Cri) 1164. The observations in Krishna Janardan Bhat’s case about presumption not extending to legally enforceable debt or liability has been overruled by the Supreme Court in Rangappa -vs- Mohan, 2010 C.L. J. 2871. Therefore, this requires reconsideration. 2 appln 46 of 2011 Leave granted. Admit. Call for Record and Proceeding. Action under Section 390 of Criminal Procedure Code, 1908. (R. C. CHAVAN, J.)