APEAL.44-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 44 OF 2001 Anil Lakhmichand Jashnani ...Appellant Vs. Amishray Electrodes Pvt. Ltd. & Ors. ...Respondents *** Mr. M. B. Shukla i/b Girish Kulkarni, for the Appellant. Mr. A. R. Pitale, for Respondent No. 2. Mrs. M. R. Tidake, APP for the Respondent-State. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 6, 2010 P.C. 1. Heard the learned counsel for the appellant, respondent No. 2 and the learned APP. This is an appeal against the judgment and order dated 10th March, 2003 passed by the learned J.M.F.C. Ulhasnagar, whereby the respondents/ original accused Nos. 3 & 4 were acquitted. 2. The learned counsel for appellant submitted that the trial Court has acquitted the original accused Nos. 3 and 4 since there was no evidence on record to show to show that the Directors of accused No.1 APEAL.44-01 - 2 - Company were in charge of the affairs of the Company and in day to day management of the said Company. He also recorded a finding that accused Nos. 3 and 4 had no knowledge about the commission of the said offence. The learned counsel for respondent No.2 has invited my attention to paragraph 19 of the said judgment. 3. In the present case, a complaint was filed under S. 138 of the Negotiable Instruments Act by the appellant herein and original accused Nos. 3 and 4 were acquitted by the trial Court whereas original accused Nos. 2 and 5 were convicted. The appeal filed by original accused Nos. 2 and 5 is pending before the Sessions Court. It is submitted that original accused No. 3 died during pendency of the appeal and therefore, the appeal against him was abated. Perusal of the evidence on record indicates that original accused No.2 in his cross-examination admitted that he was in charge and responsible for the day to day affairs of the Company whereas on the other hand, original accused Nos. 3 and 4 who were the Directors of the Company. However, there is no material on record to indicate that they were in charge of the day to day affairs of the Company. The trial Court has relied on the admission of accused No.2 that he was in charge of the affairs of the Company, and has therefore, convicted him. Under these circumstances, in my view, there is APEAL.44-01 - 3 - no infirmity in the observations and findings recorded by the trial Court in paragraph 19 of the impugned judgment. In any case, this Court cannot re-appreciate the evidence on record and arrive at different conclusion since powers of this Court in appeal against the acquittal, filed under S. 378 Cr.P.C., are limited. Hence, no case is made out for interference in the impugned order of acquittal. The criminal appeal is accordingly dismissed. 4. The records and proceedings be sent forth with to the Sessions Court. The trial of the appeal against original accused Nos. 2 and 5, preferred by the present appellant is expedited. The Sessions Court shall decide the said case, as expeditiously as possible, preferably within a period of one year. [ V. M. KANADE J.]