PRABHAKAR KRUSHNAJI DESHMUKH Vs. SUBHASH JASRAJ KARNAWAT

JUDGEMENT

(1.) BY filing this criminal writ petition, challenge is raised to the order dated19-12-1994, passed by learned Additional Sessions Judge, Ahmednagar, in Criminal Revision Application No. 175/1988.

(2.) A private complaint was filed by respondent Subhash Jasraj Karnawat in the Court of Judicial Magistrate, First Class at Ahmednagar. It was alleged by the complainant that he had paid a sum of Rs. 500/- by cheque on3-8-1982 to the petitioner/accused. The cheque of Rs. 500/-, according to the complainant, was given to the accused/present petitioner for the purpose of donation for holding badminton tournaments. Instead of handing over the said cheque to the office bearers of the tournament, he misappropriated the amount of cheque. On the basis of this complaint, which was verified by the complainant, learned Magistrate directed issue of process and thereafter recorded the evidence of the complainant and the witnesses produced by the complainant under the provisions of Section244 of the Criminal Procedure Code. The complainant examined him as P. W.1 and in support of his case, three more witnesses were examined. Ashok Purohit, Municipal Administrator and also Vice President of District Badminton Association was examined as also Sharad Limaye, Secretary of the said Tournament Committee was examined. One more witness namely Sayed Gaffar was examined by the complainant, but his evidence is of no relevance at all.

(3.) I have heard Shri. Bedre, learned counsel for the petitioner and Smt. S. S. Autade, learned A. P. P. for the State. I have gone through the order dated-8-4-1988 passed by learned trial Judge as also the order dated19-12-1994, passed by learned Additional Sessions Judge.