STATE OF GUJARAT Vs. MANSUKHLAL LOVCHAND CHOKSI

JUDGEMENT

(1.) The present appeal by the State of Gujarat challenges the judgment and order of acquittal dated 3 1/08/1984 in Criminal Case No. 179 passed by the Chief Judicial Magistrate Junagadh acquitting the accused of offences under Sections 18 19 and 34 of the Bombay Money Lenders Act 1946

(2.) Before dealing with the present appeal on merits it is necessary to bear in mind the well established principle of law that the appellate court should be slow and reluctant to interfere with the judgment and order of acquittal unless the same is or amounts to a perversity in law or is eminently opposed to the evidence on record. The appellate court would not be justified in interfering with the acquittal order merely because on a re-appreciation of the evidence another view may perhaps be possible.

(3.) I am also required to bear in mind the principle laid down by the Supreme Court and reiterated in the case of State of Karnataka v. Hemareddy reported at AIR 1981 SC 1417 at para 6 thereof to the effect that when the appellate court concurs with the logic and reasoning of the trial court and confirms the same it does not require to give a detailed and lengthy reasoning in support of the same nor is the appellate court require to re-narrate the entire evidence on record.