IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave to Appeal Application No.18 of 2004 Rajendra Singh …….….…. Appellant Versus State of Uttaranchal & another …….….… Respondents Dated: July 17, 2009 Sri Vinod Sharma, Advocate for the appellant Sri M.A. Khan, learned Brief Holder for the State HON. DHARAM VEER, J. The present appeal has been preferred by the complainant-appellant u/s 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 24.08.2004 passed by Special Judicial Magistrate, Rishikesh in Case No.2421 of 2003, Rajendra Singh Vs. Jai Bhagwan by which the respondent No.2-Jai Bhagwan has been acquitted by the court below for the offences punishable under Sections 447/448 of The Indian Penal Code, 1860 [hereinafter to be referred as the IPC]. However, the respondent No.2-Jai Bhagwan was convicted u/s 427 of IPC and was sentenced to fine of Rs.500/- and in default of payment of fine, to undergo one month’s simple imprisonment. I have heard learned counsel for the parties and perused the entire material available in file. On perusal of the judgment and order dated 24.8.2004 passed by the court below, I am of the view that the findings recorded in the judgment and correct and justified on the basis of the evidence produced by the complainant/ appellant before the trial court. I do not find any illegality or irregularity in the impugned judgment and order passed by the court below. The respondent-Jai Bhagwan was rightly been acquitted by the court below for the offences punishable u/s 447/448 of IPC. Even the counsel for the complainant also could not point out any mistake in the judgment and order passed by the trial court. After perusing the entire facts and circumstances of the case and hearing learned counsel for the parties, the Court is of the view that there is no good ground to grant the leave to appeal. For the above-said reasons, leave to appeal is refused. Consequently, the appeal also stands rejected. (Dharam Veer, J.) July 17, 2009 Rajeev Dang