IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC.APPLICATION NO.1800 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 Shabbir T.Kapadia )..Applicant Versus Mohammed Hanif Nalkhande & Anr. )..Respondents ---- Mr.S.T.Kapadia applicant in person. Mr.Vivek Walawalkar i/by Divya Shah Associates for respondent no.1. Mrs.M.H.Mhatre APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 20.08.2008. PC 1. This is an application for leave to appeal. The accused has been acquitted for committing offence under Section 500 of IPC. The alleged defamatory remark is as under :- "I have information that Mr.Shabbir Kapadia, a member of managing committee, has taken loan from Mandvi Co-operative Bank against the said deposit (an amount of Rs.60,00,000 in fixed deposit with Mandvi Co operative Bank, referred in the same para earlier) please clarify." : 2 : 2. The accused has been given benefit of doubt because of the wording which seeks a clarification. The view taken is a possible view. In my opinion, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Consequently appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)