-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 195 OF 2009 CRIMINAL APPLICATION NO. 195 OF 2009 CRIMINAL APPLICATION NO. 195 OF 2009 IN CRIMINAL APPEAL NO. 1312 OF 2003 Janori Vividh Sahakari Karyakari Seva Society Ltd., .. Applicant. V/s. Puroshottam Narayan Ghumare & Ors. .. Respondents. --- Mr.Madhav Jamdar for the Applicant. Mr. S.C. Daswadikar h/for Mr. Uday Warujnikar for Respondent No.1. Mr.Y.M.Nakhawa, APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 01st APRIL, 2009 DATED : 01st APRIL, 2009 DATED : 01st APRIL, 2009 P.C. : P.C. : P.C. : 1. Criminal Appeal No.1312 of 2003 is filed by the State of Maharashtra against the order, recording acquittal of respondent nos. 1 to 3. The present applicant’s Auditor is the original complainant. Respondent nos. 1 to 3 were charged for the offence punishable under section 408 r.w. section 34 of the Indian Penal code. However, as stated above, they are already acquitted. 2. Mr. Jamdar, the learned counsel appearing for the applicant submits that the applicant has also filed the -: 2 :- proceedings in Co-operative Court for recovery of amount against the respondent nos.1 to 3. He further submitted that all the records belonging to the applicant, pertaining to the alleged misappropriation was filed in Judicial Magistrate’s Court and now it has come to the High Court in the aforesaid appeal. In these circumstances, Mr. Jamdar submits that the record and proceedings received in the above criminal appeal may be sent to the Co-operative Court, Nasik for disposal of arbitration suit no. 1572 of 1992. The said prayer of Mr. Jamdar is opposed by Mr. Daswadikar, learned counsel for the respondent no.1 to 3. 3. I am of the view that prayer of applicant cannot be allowed for want of any provision in the Cr.P.C.. However, the applicant can be allowed to have inspection of the record and proceedings and apply for certified copies of the relevant documents so as to enable him to produce it before the Co-operative Court, Nasik. I therefore, dispose of this application by passing following order : 4. The applicant is allowed to have inspection of record and proceedings received in criminal appeal no. 1312 of 2003. The applicant is also at liberty to apply for certified copies of the relevant documents so as to enable him to produce the same in arbitration suit no. 1572 of 1992. -: 3 :- (R.V.MORE,J.)