crapln1448.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1448 OF 2010. Terna Shetkari Sahakari Sakhar Karkhana Ltd., Tenranagar (Dhoki), Tq. & Dist. Osmanabad. .. APPLICANT. VERSUS Satish s/o Shahaji Tekale and another. .. RESPONDENTS. ... Shri S.B. Ghute, Advocate for applicant. Shri A.N. Irpatgire, Advocate for R.No.1. ... CORAM : S.S. SHINDE,J. 19th January, 2011. PER COURT: 1. Heard learned Counsel for the parties. 2. The trial Court, taking into consideration the fact that the original agreement by which it was agreed to give advance to the respondent or the arrangement between the parties to give advance amount to the crapln1448.10 2 respondent, was not placed on record and taking into consideration the evidence of P.W. 2 Parshuram Bakle and other witnesses, the trial Court came to the conclusion that the applicant has not proved its case. In para 9 of the impugned judgment, the Court has observed that though P.W.2 Parshuram has stated in his statement before the Court that the amount of Rs.25000/- was given as advance on 15th September, 1999 and Rs.15,000/- was given on 20th September, 1999. However, the said fact is not mentioned either in the complaint or the affidavit which was filed on record. Therefore, taking into consideration the fact that the agreement between the parties which was stated by the witness in his deposition, had not been placed on record and also that the said fact was neither stated in the complaint nor in the affidavit, the trial Court rightly came to the conclusion and dismissed the complaint. The applicant did not place on record the copy of the original crapln1448.10 3 agreement and also the fact that amount was given to the respondent as an advance, has not been stated in the affidavit or the complaint. 3. In this view of the matter, in my opinion, the trial Court has taken a correct and possible view in the matter and, therefore, no interference is warranted in the impugned judgment. Hence, the application is rejected. [ S.S. SHINDE ] JUDGE. ... PLK/*