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2005 Supreme(Bom) 750

V.M.KANADE
National Small Industries corporation Limited – Appellant
Versus
Samudra Corporation – Respondent


Judgment

V. M. KANADE, J.

( 1 ) HEARD the learned counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of the respondents.

( 2 ) THE appellant is the original complainant who has filed a private complaint against respondent No. 1 in the Court of judicial Magistrate, First Class b Court, mapusa, for having committed an offence punishable under sections 406 and 420 of the Indian Penal Code. In the said complaint, process was issued and charge was framed against the respondent/accused. The accused pleaded not guilty to the said charge. The complainant examined 2 witnesses in support of his case and also relied on the Inspection Reports dated 4-2-1992 and 8-4-1992. The trial Court, however, acquitted the accused and dismissed the complaint of the appellant.

( 3 ) THE learned Counsel appearing on behalf of the appellant has submitted that the trial Court has not given cogent reasons for dismissing the complaint of the appellant. He submitted that reliance is placed on a judgment of the trial Court which was relied upon by the accused, ratio of which is not applicable to the present case. He submitted that the trial Court has not properly appreciated th






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