Colonel Pawankumar Gopinath ... vs The State Of Maharashtra And ...
2023 Latest Caselaw 3288 Bom

                                                                         938-APEAL-189-23.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                         CRIMINAL APPEAL NO. 189 OF 2023

Colonel Pawankumar Gopinath Sharma                          ..APPELLANT
      VERSUS
State of Maharashtra and Another                            ..RESPONDENTS

                                     ....
Mr. N.L. Jadhav, Advocate for appellant
Mr. N.T. Bhagat, A.P.P. for respondent no.1 - State
                                     ....

                                              CORAM : R.G. AVACHAT, J.

DATED : 31st MARCH, 2023

PER COURT :

1. Heard.

2. The appellant is the original informant/victim in the trial before

the Court of Judicial Magistrate First Class, Aurangabad. The trial Court

acquitted Respondent No.2 of offences punishable under Sections 465, 467,

468 and 471 of the Indian Penal Code ('I.P.C.') and convicted him of offence

punishable under Section 420 of the I.P.C. Against that acquittal, the

applicant herein had not preferred the appeal. The State had preferred

appeal against the acquittal, whereas Respondent No.2 had preferred appeal

against the conviction. The Appellate Court heard both the appeals together

and decided the same thereby acquitting Respondent No.2 of the offence

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938-APEAL-189-23.odt

punishable under Section 420 of the I.P.C. and confirming his acquittal in

respect of other offences.

3. Since the appellant/complainant herein had not taken exception to

the judgment of acquittal of Respondent No.2 passed by Judicial Magistrate

First Class, Aurangabad, his present appeal is not maintainable. Same is,

therefore, dismissed.

( R.G. AVACHAT, J. ) SSD

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