ADOLFO PATROCINIO ESTEVAM GOMES Vs. BHANU NEUGUI

JUDGEMENT

(1.) This is a petition filed under Article 134(1)(c) of the Indian Constitution praying to grant certificate for appeal to the Supreme Court against the order of this Court dated 22nd December, 1969 in criminal application No. 24 of 1969 on the file of this Court.

(2.) The petitioner had filed a complaint against the respondents herein and it was dismissed by the Magistrate folding that the respondents herein had acted in good faith and they had no dishonest or criminal intention. The respondents herein were acquitted by the learned Magistrate. The petitioner filed application in this Court under Section 417, Cr. P.C., praying to permit him to prefer appeal against the order of acquittal passed by the Magistrate. That application was rejected by this Court by order dated 22-12-1969. The petitioner now prays that certificate be granted to him stating that he can prefer appeal against the order of this Court.

(3.) Arguments of the learned advocates appearing for the petitioner have been heard. This petition can be granted if this Court is satisfied that the case involves a substantial question of law or principle. (Vide the decision of the Supreme Court in Babu V/s. State of U.P., 1965 AIR(SC) 1467 . This Court after hearing the arguments of the advocate for the petitioner and perusing the judgement of the lower Court had come to the conclusion that the judgement of the lower Court was not perverse and that it could not be said that the opinion which the lower Court formed could not be formed at all and had rejected the petitioner's application filed under Sec. 417, Cr. P.C. The petitioner's learned advocate now relying on the decision of the Supreme Court in Pyare Lal Bhargava V/s. The State of Rajasthan , 1963 AIR(SC) 1094argues that in view of the facts of the case it could not be held that the respondents herein had acted in good faith and they had no dishonest or criminal intention and that this petition is fit to be allowed.