MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPLICATION NO.1494 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Firoz Patel ...Applicant (Orig.Complainant) Vs. Mohan Shankar Ambawade & Anr. ...Respondents (Orig. Accused) Ms.Shabana Shah i/b. Mr. Rajendra Rathod for Applicant Ms.Prabha Bodadare i/b. Mr. M.K.Kocharekar,Advocate for Respondent No.1 Mr.S.R.Shinde A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 27TH NOVEMBER, 2009 P.C. 1.The transaction between the parties was admittedly for purchase of a flat by the Complainant. It will have to be seen why for purchase of a flat by the complainant the accused had issued 2 cheques. The 2 cheques show the initial statutory presumption of passing of consideration. Only after the accused has rebutted that presumption the onus would shift to the complainant. Hence, the transaction shall have to be reconsidered. Leave to appeal is granted. 2.The respondents waives service. Call for R & P. (SMT. ROSHAN DALVI, J.)