Shivaji Babu Chavan v. Pandurang Babu Cahvan and Anr.
Case brief
What is this about?
The High Court of Judicature at Bombay, in a criminal application filing under Section 378(4) CrPC, examined a private complaint regarding cheating under IPC Section 420. The single judge held that a possible view of facts was the Magistrate's finding, as sufficient serious doubt regarding the partnership was not established to grant leave.
What the court decided
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.674 OF 2006
Shivaji Babu Chavan
...Applicant
vs.
1.Pandurang Babu Chavan
2.State of Mahrashtra
...Respondents
Mr. S.M.Khaire for the Applicant Mr.A.B.Tajne for Respondent No.1 Mr.S.R.Shinde,A.P.P. for State
CORAM: A.S.OKA,J. DATE : AUGUST 21, 2006.
P.C.:
| 1. |
Heard | learned | Advo | cate | for | th | e | Appli | cant. | This |
|---|---|---|---|---|---|---|---|---|---|---|
| Application | is | filed | under | section | 378 | (4) | of | the | Code | of |
| Criminal | Procedure, | 1973 |
fo |
r grant |
of | leave | to | prefer | an | |
| Appeal. | The | Applicant | is |
the | co | mplain | ant | in | a |
private |
| complaint | under | section | 420 | of the |
In | dian | Pen | al | Code | against |
| the first |
Res |
pondent | herein. | By | the | impu | gned | Judgment | and | |
| Order, | the | learned | Metropol | itan M |
agistra | te | has | ac | quitted | the |
Issues for consideration
2 issues framed by the court
Whether leave to prefer an appeal against an acquittal order should be granted under Section 378(4) CrPC.
Whether a serious doubt regarding the existence of an alleged oral partnership transaction justifies granting leave for appeal.
Parties & counsel
- applicant
Shivaji Babu Chavan
- respondent
Pandurang Babu Chavan
- respondent
State of Maharashtra
Coram
Case details
As recorded by the court registry
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