1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Appeal No.749 of 2008 (Madhukar Bapuraoji Dakhore v. Vinayak N. Hirudkar and others) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Applicant in person. Shri S.C. Bhalerao, Advocate for Non-Applicants No.1 and 2. Shri O.D. Kakde, APP for Non-Applicant No.3. CORAM : R.C. Chavan, J. DATE : 31st March, 2009 Criminal Application No.3878 of 2008 : Heard the applicant in person, the learned counsel for non-applicants No.1 and 2, and the learned APP for non- applicant No.3. For the reasons mentioned in the application, delay is condoned. The application is disposed of. Criminal Application No.3879 of 2008 : Heard the applicant in person, the learned counsel for non-applicants No.1 and 2, and the learned APP for non- applicant No.3. This is an application for leave to file appeal against the judgment of acquittal rendered by the learned Chief Judicial Magistrate, Yavatmal in Regular Criminal Case No.118 2 of 2004. The applicant had filed a private complaint alleging that the accused had slapped and threatened him by coming to his house on 11-6-2002 at about 9 p.m. The applicant had tendered his own evidence and evidence of that of his son in support of the allegations. It is the applicant's grievance that the learned Magistrate laid undue emphasis on the absence of reference to porch of the house of the applicant where the incident allegedly took place and rendered a judgment of acquittal. Considering the nature of allegations made and the nature of evidence that would have been available, it was for the learned Trial Magistrate to see the parties as well as the witnesses and then decide upon the reliability of the persons concerned. Since the learned Trial Magistrate's judgment does not indicate any perversity and does not show that he could not have reached such a finding in spite of evidence which was tendered by the applicant, leave is refused. Consequently, the appeal is dismissed. Judge. Pdl.