1 APPLN-5078.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.5078 OF 2010 Smt. Shama Salim Shaikh .... Applicant Vs. Smt. Sayara Hasham Kachhi & Anr. .... Respondents Ms S.D. Khot with Ms Ameeta Kutti- krishnan for the Applicant. Shri K.V. Saste, APP, for the State. None for Respondent No.1, though served. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 22, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ordered by the learned Judicial Magistrate, First Class, Sangli. The learned Magistrate found that the complainant was expected to state as to the date on which he had advanced a sum of `3,00,000/- to the accused and also observed that since the applicant had taken a stamped document and a cheque, the cheque was taken by 2 APPLN-5078.10 way of security. The learned Magistrate seems to have relied on the observations of the Supreme Court in Krishna Janardhan Bhat v. Dattatraya G. Hegde, reported in AIR 2008 SC 1325, where the Court held that existence of a legally recoverable debt is not a matter of presumption under Section 139 of the Negotiable Instruments Act. This particular observation has been specifically overruled by the Supreme Court in Rangappa v. Sri Mohan, reported in 2010 (4) Bom.C.R. 652. In view of this, leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)