1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLIATION NO.384 OF 2009 IN CRIMINAL APPEAL ST.NO.82 OF 2009. Sow.Nanda W/o Sharad Kandale ...Appellant. Versus ... Mrs.A.N.Ansari, advocate for the appellant. Mr.Joydeep Chatterji, advocate for the Respondent No.2. ... CORAM : V.R.KINGAONKAR,J. Date : 06.10.2009. PER COURT 1. The application is for leave to appeal U/s 378(4) of the Cr.P.C. 2. Heard learned counsel for the parties. 3. The application filed a private 2 complaint case bearing RCC No.110/2005, for offences U/ss 452, 166, 403, 406 and 409 read with Section 34 of the I.P.C. The Respondent NO. 1 is District Supply Officer and the Respondent No.2 is the Tahsildar. The husband of the applicant was a godown keeper. It was found during audit inspection that he committed certain misappropriation. The applicant's case is that she deals in business of bangles and utensils in a shop situated in the market of village Andoor. The Respondents entered her residential house on 4.12.1994 after mid-day around 12-30 p.m. They threatened her husband. They removed cash amount from the residential house as well as from the cash box of the shop. They also had removed three gold rings from the cupboard of the house. They illegally took away the cash amount of Rs. 46,000/- (Rupees forty six thousand) along with three gold rings of 15 grams. The defence of the Respondents was that husband of the complainant had given consent for the purpose of depositing the amount and voluntarily had given the said amount along with the gold rings. It was stated that the cash amount of the gold rings were 3 deposited with the Government Treasury. 4. The question involved is whether the husband of the complainant, in fact, gave consent for recoupment of the amount of which misappropriation was alleged against him. Criminal proceedings are still pending against him. Her husband i.e. PW Sharad narrated as to how he was harassed. He declined the suggestion that he had consented for the recoupment of the amount pertaining to the charge of misappropriation. It appears that the learned Judicial Magistrate (F.C.) was much impressed by the fact that the cash amount and the rings were deposited in the Government Treasury. A copy of the statement of PW Sharad, which was recorded on 5.12.1994 was placed on record vide (Exh.171). It is necessary to consider whether the statement was really given by PW 3 Sharad. It appears from cross-examination of PW Sharad that the copy of said statement was not confronted to him. Under these circumstances, I find that this is a fit case in which leave to appeal may be granted. 4 5. Leave granted. 6. Admit. 7. The applicant(complainant) to furnish private paper book within twelve (12) weeks. 8. Mr.Chatterji, learned advocate waives service for the Respondent. (V.R.KINGAONKAR,J.) asp/office/Crapp38409