1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.816 OF 2007 The State of Maharashtra ..Applicant V/s. Dnyaneshwar Dinkar Madiwale ..Respondent Ms.A.A.Mane, A.P.P, for the State Mr.T.J.Pandian, Advocate, for respondent CORAM : K.U.CHANDIWAL, J. DATE : 6TH AUGUST, 2008 P.C. . Heard. 2. Being aggrieved by the Judgment and Order of acquittal passed by the learned Special Judge, Pune in Special Case No.28/2004 dated 28th September, 2006, the State seeks application for leave to appeal. The complainant had to effect service of summons on several persons for which allegedly he approached the accused-constable serving at Sahkarnagar Police Station, Pune as duty of service of summons was alloted to the accused/respondent. 2 As per the prosecution, on 25th February, 2004 the accused was apprehended having accepted an amount of Rs.2000/- as bribe from the complainant. The defence of the respondent before the learned Sessions Court is, an amount of Rs.2000/- was indeed paid by the complainant to him at the Hotel on 25th February, 2004. However, it was not by way of bribe or any other consideration or gratification but it was in discharge of payment of a car repair of the complainant effected on 22nd January, 2004. The cross examination of the complainant and the witnesses revealed that the complainant did not dispute of repairing of his car and get the same repaired at the instance of the accused for which the total charges were Rs.2,995/- and the complainant had paid an advance of Rs.1000/-. The said fact is established by the accused by defence witness and also by the bill Exh.39. In this situation of the matter, the evidence of the complainant and panch witnesses made the learned Special Judge to acquit the accused as the charge could not be said to be proved. The findings of the learned Special Judge, 3 Pune in the above facts cannot be dispelled and branded to be erroneous. Hence, application for leave to appeal is rejected. (K.U.CHANDIWAL, J.)