:1: 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.450 OF 2007 Automobile Products India Ltd. ..Applicant. Vs. The State of Maharashtra and ors. ..Respondents. Mr.P.D.Desai for the Applicant. Mr.S.R.Shinde, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 14th July,2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal.The Trial Court dismissed the complaint of the appellant under Section 630 of the Companies Act. It appears that the complaint was filed by the company through one V.S. Parthasarthy who claimed to be the authorised to file complaint under power of attorney. The said power of attorney is dated 31.12.2001. The Trial Court has found that the document is fraudulent document because the stamp paper itself is purchased in the year 2002. It is also found that the document is claimed to be notarised six months prior to the date of the execution. I have perused the examination in chief of the Mr.V.S.Parthasarthy. He has admitted that company itself was closed down by the BIFR in 1993. The order of the B.I.F.R. has not been produced by this witness.The witness has contended that the company had passed resolution on 31.12.2001 :2: 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 but he has admitted that he has not filed the copy of the said resolution. Even today when the matter is argued none of these documents were available with the Advocate. Taking over all view of the matter, this is not a fit case, where it can be said that the order of acquittal is perverse. In my view, this is not a fit case which deserve interference in an appeal against the acquittal. Hence, leave refused. Consequently, the appeal papers to be filed. (R.S. MOHITE, J.)