1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.212/2008 Jagdish Bhagatram Chaddha Applicant Vs. Ravishankar M.Trivedi & Anr. Respondents Mr.S. J.Rairkar i/b Mr.Sanjay Gawade advocates for the applicant Mr.V.S.Pandey i/b Mr.Manasawala ,advocate for Res.no.1 Mr.A.S.Shitole,APP for the State Coram: Mrs.Mridula Bhatkar,J. Date : 9th April,2009. P.C. . This is an application for leave to appeal u/s 378(4) of Cr.P.C.against the judgment and order of acquittal dt.30.10.2007 passed by J.M.F.C.Pune. The complaint was filed as the cheque of Rs.1 lac given by the accused to the complainant was dishonoured . The case of the complainant was that it was friendly loan given to the accused who was having good relations with the complainant. The learned advocate for the accused has submitted that the defence set up by the accused that the complainant has failed to discharge his initial burden to prove that the debt or liability was legally enforcible is 2 rightly accepted by the subordinate Court and the acquittal stands on a sound and valid reasoning. In support of his submissions he relied on (Vasudeo Ramchand Ahuja Vs.Vilas Shripati Kamble & Anr.) 2006 Bom.C.R. (Cri.) 1. 2] Perused judgment and relevant documents. The matter revolves around the issue of shifting of burden and also on the point of presumption u/s 139 of Negotiable Instruments Act. These points are arguable .Hence application is allowed . Leave granted. Appeal is admitted. (Mrs.Mridula Bhatkar,J.)