Ashok Baburao Kamble v. The State Of Maharashtra And ANR

ssm 1 37-alp86.18.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 86 OF 2018 Shri Ashok Baburao Kamble ....Applicant.

Vs.

The State of Maharashtra & Anr.

....Respondents.

Mr. D.W. Bhosale for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 16th APRIL, 2018.

P.C.:- This is an Application under Section 378 (4) of Cr.P.C. for leave to file Appeal against the Judgment and Order dated 14th March, 2016 passed in S.C.C. No. 144 of 2012, by the Judicial Magistrate, First Class, Mahabaleshwar thereby acquitting the Respondent No.2 from the offence punishable under Section 465 of the Indian Penal Code.

Heard Mr. Bhosale, the learned counsel for the Applicant. Perused the record.

It is the allegation against the Respondent No.2 that, he forged the signature of the Applicant on the Proposal Form submitted to the Registrar of Co-operative Societies, Mahabaleshwar. The 1/2

ssm 2 37-alp86.18.sxw evidence on record clearly indicates that the Applicant has failed to produce on record and prove the said alleged forged document signed by the Respondent No.2 and in the absence thereof, the Trial Court has acquitted the Respondent No.2 for the offence allegedly levelled against him.

As noted earlier, the Applicant has failed to produce on record the document in question, no offence under Section 465 of the Indian Penal Code is made out.

Application being misconceived, no case for leave to file Appeal is made out.

Application is accordingly rejected.

(A.S. GADKARI, J.) 2/2