1 APPLN-1220.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1220 OF 2011 The State of Maharashtra .... Applicant Vs. Chandrakant Shantaram Shirsat & Ors. .... Respondents Shri K.V. Saste, APP, for the Applicant. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 22, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondents for the offences punishable under Sections 141, 143, 147, 348, 323 and 506 r/w Section 149 of the IPC, ordered by the learned Judicial Magistrate, First Class, Kudal. The learned Magistrate held that the incident of the type deposed to by the first informant PW-1 Prashant Tembulkar and eye- witnesses PW-5 Sandeep Walake and PW-6 Rekha Walake was not believable. Prashant and Rekha are employees of the Co-operative Society of which the respondents are the Directors. It was 2 APPLN-1220.11 alleged that the Secretary had committed some fraud. The complicity of Prashant and Rekha in the fraud was also indicated. The allegation is that Prashant and Rekha were called on the terrace of the house of Asmita Bandekar, who is examined as a defence witness, at about 2:30 p.m.. The hosue is situated in a market place. The allegation is that the respondents held Prashant upside down from the terrace threatening to drop him from the terrace and bashed him up. The learned Magistrate found that such an incident could not have occurred without being noticed by the people in the market. The Secretary of the Society was also stated to have been present but was not examined. PW-6 Rekha Walake's husband's case has a very strange story, that is, his wife rang him up and therefore he went to the closed terrace. He was let in by the respondents to witness the incident for five minutes and then sent out. It cannot be said that the learned Magistrate erred in holding that the witnesses were not reliable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)