Dismissed

State of Maharashtra v. Hukum Narayan Fattelal Sharma

Bombay HC7 Jun 2007APEAL/481/1990

Case brief

AI extract

What is this about?

State's criminal appeals against acquittal on charges of cheating and forgery were dismissed. The bench declined interference, citing that the evidence did not inspire confidence, counter-entries supported the defense, and a twenty-five-year delay warranted not disturbing the trial court's finding of acquittal.

What did the court decide?

Both appeals were dismissed. The accused's acquittal was restored.

State of Maharashtra Vs Hukum Narayan Fattelal Sharma — Cheating and Forgery | Bombay HC (2007)

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bsb

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO. 480 OF 1990
AND
CRIMINAL APPEAL NO. 481 OF 1990

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The State of Maharashtra... Appellant
(in both appeals)

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V/s

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Hukum Narayan Fatelal Sharma... Respondent
(in both appeals)

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Mr. P.S. Hingorani, A.P.P. for the appellant.

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Mr. V.S. Kapse for the respondent accused.

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CORAM: D. G. DESHPANDE &

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SMT. NISHITA MHATRE, JJ.

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DATED: 7TH JUNE, 2007.

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P.C.:

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1. Both these appeals are filed by the State
challenging acquittal of the accused under Sections 465,
467, 468, 477-A, 420 and 408 of the Indian Penal Code by
the Metropolitan Magistrate by judgment dated 17.3.1990.

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2. We heard the learned A.P.P. and the advocate for
the respondent accused.

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3. The judgment alleged that the accused had committed
misappropriation of the amount of Rs.70,000/- by making

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alterations in certain vouchers. Two witnesses were
examined by the prosecution. Their evidence did not
inspire confidence and the Court also found that there
are counter entries supporting the defence that the
amount has not been taken and there is no forgery or
alterations in the documents. Even after going through
the entire record, evidence and the judgment, it cannot
be said that the judgment of the Trial Court is
perverse. It may be noted that two views were possible,
out of which the Trial Court adopted the view resulting
in acquittal of the accused. The trial was of 1983 and
the so-called misappropriation was of 1982. Twenty five
years have elapsed and in the circumstances, we do not
think it necessary, proper and appropriate to interfere
with the order of the acquittal.

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4. Hence, both appeals stand dismissed.

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5. In view of dismissal of the appeals, Cri. Revision
Application No. 197 of 1990 does not survive and stands
dismissed.

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(D.G. DESHPANDE, J.)

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(SMT. NISHITA MHATRE, J.)

State of Maharashtra v. Hukum Narayan Fattelal Sharma

Case brief

What is this about?

What did the court decide?

State of Maharashtra v. Hukum Narayan Fattelal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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