1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD (1) Cri. Application No. 4498/2009 Vijayraj s/o Rajshekhar Naidu Vs. Ganpat Yeshwantrao Nikalge Smt. Asha Rasal, Advofate for applicant. Mr. V.D. Rakh, A.P.P. for respondent no.6/State. Smt. S.S. Jadha, Advocate for respondents no. 2 to 5. CORAM : A.V. NIRGUDE, J. Date : 29th APRIL, 2010 ORAL ORDER : - 1 The application is moved seeking special leave to file appeal against the judgment and order passed by the learned 3rd Judicial Magistrate (First Class), Jalna in R.C.C. No. 125/2001 acquitting the respondents. It was a private complaint. The learned judge after recording voluminous evidence including documents, came ultimately to the conclusion that the complainant could not prove his case. The basic contention of the complainant was that the respondents / accused mis-led and deceived innocent members of Christian community at Jalna, falsely representing to them that their Church by name Christ Church was under the control of diocese of Nasik which is part of the Church of North India. It is further alleged that after collecting amounts, the respondent / 2 accused, mis-appropriated them. So, the first question was whether the representation made by the respondent / accused was false. But the evidence brought on record clearly establishes that the Christ Church of the respondent / accused is under control of Marathwada diocese which is under the control of Church of North India. It has come on record that earlier, the districts of Marathwada were under the aspices of Nasik dioceses. There occurred bifurcation and a new diocese of the Marathwada was established. So, the allegations of mis-representation against the respondent / accused is mis-placed. 2 Second part of the allegation is, mis-appropriation and the learned judge of the lower Court held that the mis-appropriation has not been proved. The reasons mentioned in the judgment are cogent and I do not consider it proper to interfere in the finding of the lower court. The application stands rejected. [A.V. NIRGUDE, J.] tsk/