Shaikh Rashid Jan Mohammad v. Ansar Ajijuddin Sidhiki And ANR

902-ALP-118-15.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 118 OF 2015 by BHARAT DASHARATH PANDIT Date: 2021.12.07 11:49:45 +0530 SHAIKH RASHID JAN MOHAMMAD ....Applicant.

V/s ANSAR AHMED AJIJUDDIN SIDHIKI .....Respondent --- Mr. Ashok Toraskar for the Applicant.

Mr. Ajay Patil, APP for the Respondent/State --- CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 04, 2021 P.C.:- 1] Respondent/Accused is acquitted of the offence punishable under Sections 406 (criminal breach of trust) of the IPC. As such, this application for grant of leave.

2] Contentions of the learned Counsel for the Applicant are, Applicant has executed Power of Attorney in favour of the Accused so as to transfer his house/property in favour of P.W. 2 - Digambar. Accused received an amount of Rs 80,000/- towards consideration and has neither given account of the same nor returned the amount to him, resulting into lodging of the FIR. P.W. 2 who is claimed to have paid the said consideration to the Accused in his evidence at Exhibit-47 has not supported case of the Applicant as he has stated that no such amount was paid to the Accused as claimed by the Applicant. Once P.W. 2 has accepted that he has not paid the amount to the Accused, in 1/2

902-ALP-118-15.doc my opinion, acquittal of the Accused is very much justified. 3] No case for grant of leave is made out. As such, leave stands refused. Application is rejected.

( NITIN W. SAMBRE, J. ) 2/2