1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4 OF 2007 APPLICATION NO.4 OF 2007 APPLICATION NO.4 OF 2007 Lt.Col. S.K.Mishra (Retd.) : Applicant. versus M/s.Jain Constructions & Anr. : Respondents. Mr.Anurag Jain for the applicant. Mr.A.A.Deshpande and Deba Jyoti Talukdar for Respondent No.1. Mr.P.A.Pol, APP, for the State. CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATED DATED DATED : JANUARY 30, 2008. : JANUARY 30, 2008. : JANUARY 30, 2008. P.C. P.C. P.C. 1. This is an application for leave to file an appeal against an order of acquittal. The applicant/complainant claims to have purchased Shop No.5 from the accused and the same, being unauthorised construction, came to be demolished. 2 After the demolition of the shop, a complaint came to be filed in the Court of Judicial Magistrate First Class, Cantonment Court, Pune under Section 420 of the Indian Penal Code. The trial Court has recorded categorical finding that right since beginning the complainant was very much aware of the fact that the construction of Shop No.5 was unauthorised. There is no agreement entered into between the parties in regard to the so called purchase of Shop No.5. The payment of Rs.1,51,640/-, which is allegedly made by the complainant to the accused, was not towards the consideration for the shop. No doubt there is an agreement in regard to the purchase of Flat bearing No.4 and in regard to the said Flat No.4, there is no dispute. The trial Court, on appreciation of evidence on record, has held that no case is made out against the accused for commission of an offence punishable under Section 420 of the Indian Penal Code. A very possible view of the matter has been taken by the Magistrate and hence the same does not call for any interference. The application seeking leave to file an appeal is rejected. [A.P.DESHPANDE,J] [A.P.DESHPANDE,J] [A.P.DESHPANDE,J]