- 1 - appln 2835 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2835 OF 2010 The State of Maharashtra ..Applicant. -Versus- Milind Guruba ..Respondent .......... Mr.P. P. Bhosale, APP for the State Mr. Prakash Naik, for the respondent .......... CORAM : R. C. CHAVAN, J. DATE : 27th JUNE 2011. P.C. 1. This is an application for leave to file appeal against judgment of acquittal of the respondent, rendered by the learned Special Judge at Mangaon, District: Raigiad. The complainant had claimed that on 18th August, 2006 first demand was made by the accused. He paid a sum of Rs.400/- at about 11.0 a.m. towards part payment, out of total sum of Rs. 2250/- which the accused had demanded. At 12.00 noon, he claims to have reached the office of ACB at Alibag and lodged the complaint. The learned Judge held that considering the - 2 - appln 2835 of 2010 distance between Alibag and Poladpur where payment of Rs. 400/- was made and place where the complaint was lodged i.e. Alibag, it was impossible for the complainant to reach Alibag within an hour. The raiding Officer as well as the complainant have admitted that it took more than 3 and half hours to 4 hours to reach the raiding place from Alibag. Since the learned Judge found the complaint itself was false and he refused to believe the evidence of the complainant and other witnesses, no fault can be found with the reasoning recorded by the learned Judge. Leave refused. Appeal dismissed. ( R. C. CHAVAN, J.)