THE STATE OF MAHARSHTRA vs DWARIKAPRASAD SITARAM MISHRA AND ORS.

Judgment text excerpt

210-APL-21-2003.doc Vaibhav IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.21 OF 2003 The State of Maharshtra …Appellant Versus Dwarikaprasad Sitaram Mishra & Ors. …Respondents ______________________________________________________________ Mr. Kiran Shinde, APP, for the Appellant-State. Ms. Rukmini Khairnar i/b Mr. Pramod Joshi, for Respondent Nos.4 to 7. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 17 JANUARY 2025 JUDGMENT: 1. Heard Mr. Shinde, learned APP for the Appellant – State and Ms. Rukmini Khairnar, learned Counsel for the Respondent Nos. 4 to 7. 2. By the present Criminal Appeal filed under Section 378(1) of the Code of Criminal Procedure, 1973 (“CrPC”), the challenge is to the legality and validity of the Judgment and Order dated 23 rd May 2002 passed by the learned JMFC, IInd Court, Thane in RCC No.105 of 1994. By the impugned Judgment and Order the Accused have been acquitted under Section 248 of CrPC for the offences punishable under Sections 406, 468, 471 r/w 149 of the Indian Penal Code, 1860 (“IPC”). 3. The prosecution case is set out in Paragraph Nos.2 to 4 of the impugned Judgment and Order of the learned Trial Court, which reads as under :- 1 210-APL-21-2003.doc “2. In brief the facts of the prosecution case are as under:- Complainant namely Arun Shinde was working as an Administrative Officer in the Bayer India Company. In the year, 1992, the accused no.1 Dwarika Prasad Sitaram Mishra was secretary and accused no.2 Dayanand was Chairman, accused no.3 Ramchandra was a Treasurer, accused nos. 4 & 5 were the Accountants and the accused nos. 8 to 14 are the members of the Bayer India Credit Co-operative Society, Thane. The accused persons were looking aft