ANOOP KRISHAN SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original complainant, one Anoop Krishan Sharma, who had filed a private complaint numbered as Case No. 40/s of 1982 before the Metropolitan Magistrate, 43rd Court, Borivli, Bombay. The 2nd respondent to this criminal appeal was original accused No.

(2.) MR. Kothari, the learned Additional Public Prosecutor, submitted that the learned trial Magistrate has adopted a rather farfetched reasoning and the grounds on which he has acquitted accused No. 1 are wholly unsustainable. Mr. Kothari is to some extent right in so far as the learned trial Magistrate has basically ignored the material parts of the evidence and it appears from the tenor of the judgment that he was of the view that the whole case is frivolous and deserves to be disposed of rather lightly.

(3.) A perusal of the record will indicate that the appellant and respondent No. 2 are related to each other. The record also indicates that a certain amount of hostility had come up because of certain transactions relating to two companies with which the respective accused were connected. In the course of these disputes, which related to transfer of shares and also related to the appointment of directors and removal etc. , certain litigation had also erupted and it was quite obvious that the relationship between the parties was extremely strained on the date when the incident in question took place.