GAURAV GUPTA Vs. RADHIKA GUPTA

JUDGEMENT

(1.) HEARD Mr. Rao, learned Counsel for the petitioner and Mr. Usgaonkar, learned Counsel for the respondent.

(2.) BY this petition, the petitioner takes exception to the judgment and order dated 04/01/2010 passed by learned Sessions Judge, North Goa, Panaji dismissing Criminal Appeal No.113/2009 and partly allowing Criminal Appeal No.124/2009 against the judgment and order dated 04/08/2009 passed by learned Judicial Magistrate, First Class, Mapusa in Criminal Miscellaneous Application No.159/2009/A.

(3.) IT is well settled that the appellate Court, be it civil or criminal, is final Court insofar as the facts are concerned and, therefore, it is obligatory for the appellate Court to find out whether the trial Court has marshalled the evidence led before it and scrutinise the reasons given in support of the findings. From a bare perusal of the impugned judgment, it is obvious that the lower appellate Court has failed to exercise jurisdiction in accordance with settled law. IT is also well settled that a writ Court should not reappreciate the evidence led by the parties and jurisdiction to interfere is restricted to find out if there are patent errors of law apparent on the face of record or whether the exercise of jurisdiction is illegal or contrary to law. Mr. Usgaonkar was unable to point out that the lower appellate Court has exercised jurisdiction on well settled principles. Therefore, in my view, the only course open to this Court is to remand the matter with a direction to the lower appellate Court to reappreciate the evidence led by both the parties in relation to claim made by the respondent/ complainant and decide whether interference is warranted with the order passed by learned Magistrate.