IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2012 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 Mrs.Manisha Chetan Shah )..Applicant Versus Mr.Kalpesh H.Mehta & Anr. )..Respondents ---- Mr.S.P.Kadam for the applicant. Mr.Vaibhav G.Bagade for respondent no.1. Mr.S.R.Shinde APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 7.8.2008. PC 1. This is an application for leave to appeal. On perusal of the impugned judgment and order, I find that the acquittal is based upon cogent reasons which are acceptable. The Complainant was a dealer in second hand cars. According to him, he sold the car belonging to Mr.Rajendra to the accused and the car was delivered under a delivery note. In return, accused gave a cheque of Rs.1,40,000/- towards the value of the car. On perusal of the delivery note, it is clear that the car bearing no.2253 was delivered directly by Mr.Rejendra to the accused. The name of the present Complainant does not appear on the delivery note. On the Complainant’s own showing the amount would be due to Mr.Rejendra. The : 2 : Complainant is only a broker and was not the owner of the car. Apart from this, both in the notice and complaint, different number of car was given. In my view this is a case where benefit of doubt is rightly given. Hence, not a fit case for interference in an appeal against acquittal. Hence leave refused. Consequently, appeal papers to be filed. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)