1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1688 OF 2009 IN CRIMINAL DEEM APPEAL NO. OF 2009 Jaywant Bapurao Kale .. Applicant V/s. Vikas Manaji Salunkhe & Ors. .. Respondents Mr.S.L.Prabhu for the applicant. Mr.U.V.Nikam, A.P.P. for the State. Mr.Pankaj Deokar i/b.Mr.R.S.Kate for Respondent Nos. 1 to 3. CORAM : A.R.JOSHI, J. DATED : 13th JULY, 2009. P.C. Heard rival submissions for some time. 2. It is the leave petition to file an appeal against the acquittal of Respondent Nos. 1 to 3 in the matter of offence punishable under section 323 and 504 read with section 34 of Indian Penal Code. 3. Perused the reasoning given by the trial Magistrate while 2 acquitting the Respondents. It appears that on the night of the incident complainant an auto rickshaw driver went to his neighbour accused No.1, who is also an auto rickshaw driver to demand the paltry sum of Rs.50/- already given by the complainant to accused No.1. On this flimsy ground there was hot exchange of words. Respondent Nos.1 and 2 both the brothers and Respondent No.3 wife of Respondent No.1, assaulted the complainant. Mother of the complainant came to the spot to rescue, but, she was also assaulted. It appears that trial Magistrate was influenced by certain minor contradictions regarding whether a wooden log or a wooden plank was used for assault. During the trial complainant, one eye witness and Doctor who treated the injured complainant and his injured mother were examined. It appears that there is an issue to be tried before this Court in appeal and as such leave petition is allowed. 4. Appeal is admitted. 5. Call for R & P. 6. At this juncture, it must be mentioned that the present matter at hand is an appeal being of a trifle nature can be amicably settled by next date or otherwise on the next date the entire appeal can be disposed of. Again in the opinion of this Court, it would be better for both the parties to have an amicable settlement considering that they are neighbours and complainant and accused are in the same 3 avocation as of rickshaw driver. 7. S.O. for four weeks. 8. With these directions the leave petition is disposed of. (A.R. JOSHI, J.)