1 Appln 2553-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2553 OF 2010 The State of Maharashtra .Applicant V/s. Shyam Narayan Ramniranjan Mishra .Respondent Mrs.P.P.Bhosale, APP, for the Applicant - State None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 13TH JUNE, 2011 P.C. . Heard the learned APP. This is an application for leave to file an appeal against acquittal of the respondent rendered by the learned JMFC, Bhiwandi, District Thane. The first informant is herself doctor. Her husband and one Lovelising appears to have supported the prosecution case that the accused, 63 years old secretary of the Society, assaulted the first informant and her husband. Though the first informant did not suffer any serious injury, her doctor 2 Appln 2553-2010 colleagues supported her case that she had suffered fracture. She tried to make out case of non-cognizable offence into cognizable offence. Apart from this, in respect of the incident 25th December, 2007 report was given on 29th December, 2009. The learned trial magistrate has rightly held that the first informant and her husband may have a grievance, since a cheque issued by the first informant's husband in favour of the Society towards the maintenance charges was dishonoured. As already re-counted the accused is secretary of the society. Therefore, if the Secretary accosted the first informant and her husband & had sent a letter to the first informant, she & her husband should not have created such a fuss. View taken by the learned magistrate is perfectly probable does not call for any interference. Leave refused. Appeal is dismissed. (R.C.CHAVAN, J.) 3 Appln 2553-2010