VISHNU CHANDRU GAONKAR Vs. N.M. DESSAI

JUDGEMENT

(1.) This appeal has been filed questioning the judgment and order dated 06.10.2009 of the High Court of Bombay at Goa in Criminal Appeal No. 22 of 2009 by which judgment, the criminal appeal filed by the respondent Shri Narayan M. Dessai has been allowed setting aside the order of District & Sessions Judge dated 31.07.2008 directing for filing a complaint under Section Signature Not Verified

(2.) The facts which are necessary to be noted for deciding this appeal are:-

(3.) Learned counsel for the appellant submitted that the High Court relying on the Three Judge Bench judgment of this Court in Sachida Nand Singh & Anr. Vs. State of Bihar & Anr., (1998) 2 SCC 493, which has been approved by the Constitution Bench of this Court in Iqbal Singh Marwah & Anr. Vs. Meenakshi Marwah & Anr., (2005) 4 SCC 370, has allowed the appeal filed by the respondent whereas the above judgments of this Court, wherein reference was made to Section 195(1)(b)(ii) Cr.P.C., which were not applicable in the facts of the present case, since allegations made in the complaint filed by the appellant were referable to Section 195(1) (b)(i). It is submitted that the District & Session Judge has rightly considered all facts and circumstances and directed for filing of complaint against the respondents under Section 195(1)(b) . No one has appeared on behalf of the respondent in spite of service.