1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.920 of 2008 IN Criminal Appeal No. of 2008 M/s.S.V.A. India Ltd. .. .. Applicant (Orig.complainant) v/s. 1. M/s.Natural Vitamins Pvt. Ltd. & ors. .. Respondents (Orig.accused) Ms.Usha Rahi i/by Mayur Narendra & Co. for Applicant. Mr.I.B. Singh for Res.No.2. Mrs.A.A.Mane,APP for State. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 8th December 2009 P.C. : 1.This is an Appeal from acquittal order passed by the learned Magistrate, 28th Court, Esplanade, Mumbai, dated 12.12.2007. 2.The case of the Applicant, which has been accepted by the learned Magistrate, is that the cheques are given by way of security. Since the issue of the cheques is admitted, the consideration that passed thereunder is statutorily presumed. Hence the accused have to rebut the presumption. The presumption would be rebutted, if the transaction for the security of which the cheques were given, is shown to have been otherwise complete. 2 That is not shown. Hence the order requires to be reconsidered. 3.Leave to appeal is granted. 4.Call for R & P. 5.Respondents waive service. 6.Place the Appeal for hearing on 17th December 2009. (SMT.ROSHAN DALVI, J.)