( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2367 OF 2007 Shri Pandharinath Sakharam Sonawane APPLICANT VERSUS Shri Bhaurao Tatyarao Khandagale and others RESPONDENTS ..... Mr. L.V. Sangit, advocate for the applicant. Mr. A.D. Shinde, advocate holding for Mr. V.D. Hon, advocate for the respondents No. 1 to 3. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 1st September, 2009] PER COURT : 1. Heard. 2. There was dispute in the Management of Dr. Babasaheb Ambedkar Shikshan Sanstha. The complainant alleged that certain resolutions were fabricated with intention to cheat notwithstanding the fact that the dispute about the capacity of the accused persons and change of Secretary in his place was yet to be decided by the Assistant Charity Commissioner. In paragraph No. ( 2 ) 7 of the impugned judgement, the learned Magistrate noticed that the accused persons got passed various resolutions illegally with an intention to cheat the complaint and the public members in general. It appears that in paragraphs No. 12 and 13, however, the learned Magistrate reached conclusion that the complainant failed to establish the fact that handwriting appearing below the signatures and body-writing of the resolutions was authored by the accused persons. That is why they were acquitted. It prima facie appears that there is internal contradictions in such findings. Consequently, leave to appeal is granted. 3. Admit the appeal. 4. Complainant to furnish private paper book within ten (10) weeks. Mr. Shinde waives service for the respondents. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2367-07