MISHA M JASHNANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions for some time.

(2.) It is vehemently argued by the learned Advocate Mr. Gole for the applicant in all the three matters that here it is a case in which the order of acquittal of Respondent no. 2 accused is required to be tested in the appeal before this Court. All the three matters are regarding leave applications to file an appeal against the acquittal of Respondent no. 2 original accused a Karta of Hindu undivided Family (herein after referred as huf) and relative of the complainant.

(3.) Considering the above circumstances and considering the material produced before the trial Magistrate, it is a peculiar case in which the evidence was not accepted by the trial Magistrate so as to hold the accused guilty for the offence punishable under section 138 of Negotiable Instruments act and in the opinion of this Court, it was so rightly done. Considering the scope of this court envisaged by section 378 of Cr. P. C. to interfere with the acquittal of the accused persons, there is nothing to allow the present petition so as to again re-agitate the matters in the appeals. Consequently, all the three leave applications are dismissed and accordingly disposed of. Application dismissed.