IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3764 OF 2O006 WITH CRIMINAL APPEAL NO. OF 2008 Venugopal J. Bhattad. ..Applicant. Vs. Harishchandra & Co. Jaliwala and ors. ..Respondents. Mr. Subhash Zha i.by Law Global for the Applicant. Mrs. M.H. Mhatre, APP. for the State. Mr. H.R.Desai for the Respondent No.2. CORAM: R.S. MOHITE, J. DATE : 12th August, 2008 PC : 1. This is an application for leave to file appeal. The acquittal is on the ground that the affidavit in lieu of examination in chief was not in conformity under Section 297 of the Cr.P.C. and there was no proper verification. In my view, in a case like this ends of justice are defeated in case faulty affidavit such as in the present case is taken on record and cross examination is allowed to take place. It is the duty of the Magistrate to return such affidavit to the complainant and he should not have accepted the same. The Magistrate had said that he warned the Advocate at the proper time. Unfortunately this is not mentioned in the roznama. This matter requires consideration. Hence, leave granted. CRIMINAL APPEAL NO. OF 2008 1. As the leave has been granted by a separate order passed today, hence, appeal admitted. Office to number the appeal. Hearing expedited. 2. The Advocate appearing for the respondents waive notice in the appeal. (R.S. MOHITE, J.)