IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.2688/2008 IN CRIMINAL APPEAL NO.497/2008 (State of Mah ..vs.. Prakash Shankar Manatkar ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 9TH JUNE, 2009 Heard Shri Mandpe, APP for applicant and Shri Gaikwad, advocate for respondent. By this application, the appellant wants to prefer an appeal against the judgment and order passed in Summary Criminal Case No.10473/2005 by J.M.F.C., Court No.5, Akola. By that judgment respondent is acquitted of the offence punishable under section 294, 506(II) of I.P.C. It appears that the offence alleged is dated 6.7.2005. Respondent has faced trial from 2005 to 2007. The allegations are that respondent had used obscene language and also given threat to kill the complainant. The learned trial Judge after hearing the matter, came to the conclusion that there was previous enmity between the parties. Witnesses examined by the prosecution are related to the complainant and though independent witness was available, he was not examined. The offences seems to be petty. There is nothing on record to suggest that the respondent had engaged in such offending act again. On perusal of the judgment impugned, it does not appear that view taken by the trial court is improbable. Merely because other view is possible, appeal against acquittal is not maintainable. In these circumstances, this leave application can not be granted. Same is rejected. Consequently, appeal filed by the appellant is also dismissed. JUDGE SMP