JUDGMENT :

Ashok Bhushan, J.

This appeal has been filed questioning the judgment and order dated 06.10.2009 of the High Court of Bombay at Goa in Criminal Appeal No. 22 of 2009 by which judgment, the criminal appeal filed by the respondent Shri Narayan M. Dessai has been allowed setting aside the order of District & Sessions Judge dated 31.07.2008 directing for filing a complaint under Section 195(1)(b)(ii) of Cr.P.C.

2. The facts which are necessary to be noted for deciding this appeal are:-

A regular Civil Suit No. 4 of 1993 was filed by two plaintiffs namely Laximan Rama Gaonkar and Janu Narayan Gaonkar impleading two defendants namely Kusta Naga Gaonkar and Shri Suresh Kust Gaonkar. The appellant in this appeal is legal heir of original plaintiff No. 2, Janu Narayan Gaonkar. The Suit No. 4 of 1993 was decreed by judgment and decree dated 07.12.2001. An application for execution of decree was filed by the legal heirs of the plaintiffs on 07.12.2003. Legal heirs of the original defendants filed a Civil Appeal No. 91 of 2004 questioning the judgment and decree dated 07.12.2001. One of the appellants in Civil Appeal No. 91 of 2004 namely Shaba Manju Velip (one of the legal heirs of ori