DHARMENDRA Vs. SANJAY RAMCHNDRA DHUMAL

JUDGEMENT

(1.) HEARD Mr. Quazi, learned counsel for the applicant and Mr. Vyawahare, learned counsel for respondent no.1 and Mr. Sonak, learned A.P.P. for respondent no.2.

(2.) BY this application under Section 378 (4) of Code of Criminal Procedure seeks special leave to appeal against judgment and order of acquittal dated 28th June 2006 passed by Judicial Magistrate First Class, Nagpur in Criminal Complaint Case No.560/2003.

(3.) HAVING considered the submissions made by learned counsel and having perused the records, I do not find any perversity in the findings given by learned Magistrate particularly the finding of the learned Magistrate that it is improbable that the complainant would lend the amount of Rs. 4,50,000/- that too by cash when admittedly he was not his friend, on this ground itself the acquittal of the accused cannot be faulted. I find no ground to interfere with the judgment and order of acquittal. Hence, the application is dismissed.