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1990 Supreme(Bom) 164

I.G.SHAH
Smt. Madhuri Mukund Chitnis – Appellant
Versus
Mukund Martand Chitnis and another – Respondent


Advocates appeared:
The appellant in Person; A.V. Anturkar, Smt. S.S. Keluskar, Addl. Public Prosecutor, for Respondents.

JUDGEMENT :- The original complainant in Criminal Cases Nos. 1031/86 and 695/85 on the file of the J.M.F.C. Court No. 4, Pune, has preferred these two appeals to challenge the order of acquittal passed in favour of respondent No. 1.

2. Briefly stated that the facts giving rise to these two appeals are as under :-

The complainant is the divorced wife of the respondent No. 1 - the original accused. Their marriage took place on 15-7-1983. But the marriage somehow was not successful and the complainant-wife, it appears, was thrown out of the house by the husband on 6-10-1283. Several civil as well as criminal cases were lodged against each other. The present respondent No. 1 also filed Criminal Case No. 494/83 against the present appellant and her maternal uncle and brother alleging that they had committed the offences of cheating and theft. In the complaint filed by the present respondent No. 1, it was alleged in para 4 of the complaint as under :-

"The complainant (Mr. Mukund Chitnis) experienced on the first night of the marriage that the accused No. 1 (Mrs. Madhuri Chitnis) is not a spinster. Not only this but the accused No. 1 (Mrs. Madhuri Chitnis had married with the complainant (






























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