IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.2604 of 2008 In Criminal Application No.3650 of 2008 In Criminal Appeal No. of 2008 (State of Maharashtra v. Paparao Laxmanrao Deshmukh) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri P.D. Kothari, Advocate for Applicant/Appellant. Coram : R.C. Chavan, J. Dated : 20th January, 2009 Criminal Application No.2604 of 2008 : This is an application for condonation of delay of 98 days in preferring an application for leave to file appeal against acquittal. Notice on the sole non-applicant is reported to have been duly served. He is not present. Therefore, it is presumed tat he has no objection to the recitals in the application. Delay is condoned. The application is disposed of. Criminal Application No.3650 of 2008 : By this application, the State seeks leave to file appeal against the judgment of acquittal rendered by the learned Judicial Magistrate First Class, Akola, whereby the learned Magistrate acquitted the non- applicant of offences punishable under Sections 448, 352 and 506 of the Penal Code. The person on whose report an offence was registered, viz. Arun Bagde, who was allegedly threatened by the accused, did not support the prosecution. The other witnesses also did not support the prosecution. PW 2 Mohan stated that he was in another room and, therefore, could not hear the conversation clearly. In cross-examination by the prosecutor, he, however, stated that the accused had threatened an employee in the office. Now since this word is not corroborated by that of the complainant himself, the learned Magistrate cannot be said to have erred in refusing to believe PW 2 Mohan. The judgment of acquittal is proper and it is unfortunate that the State should have wasted time and energy in seeking to file appeal against the said judgment. Leave refused. Appeal is dismissed. Judge. pdl