( 1 ) THE original complainant has invoked the appellate jurisdiction of this Court by means of this appeal under Sec. 378 (4) of the Code of criminal Procedure, 1973 (the New Cr. P. C. for brief) after obtaining its special leave for questioning the correctness of the judgment and order of acquittal passed by the learned Metropolitan Magistrate of Court No. 3 at Ahmedabad on 18th october 1980 in Criminal Case No. 816 of 1977 acquitting respondent Nos. 1 to 4 herein of the offences punishable under Secs. 409, 408, 467, 471, 477-A and 120- b read with Sec. 34 of the Indian Penal Code, 1860 (the I. P. C. for brief ).

( 2 ) IT is not necessary to set out in detail the facts giving rise to this appeal. It may be sufficient to note that one Natwarlal, J. Shah became the Chairman of one subha Prayag Co-operative Housing Society Ltd. (the Society for convenience) and during his tenure he appears to have found irregularities committed by the former office-bearers qua construction of houses for members of the Society in collusion with its organiser and builder. He, therefore, filed his complaint before the metropolitan Magistrate of Court No. 3 at Ahmedabad on 27th April 19