1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2128 OF 2009 Richard D’souza .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents Mr. S. V. Marwadi i/b S. P. Narkar for the Applicant. Mrs. R. V. Newton APP for the State. Mr. Aditya Khanna i/b Devang Sanghvi for R. No.2. CORAM : MRS. R. S. DALVI , J. DATED : 10th December, 2009. P.C. : 1. This appeal relates to a case of defamation in which respondent No.2 has been acquitted. The applicant applies for leave to file appeal. 2. The defamation is sought to be made out in an article which appeared Mid-Day weekly tabled on 6th to 12th August, 2004. The article mentions about sudden dispute with regard to the society compound and plants. It further mentions about the siphoning off money as a treasurer of the society to renovate his 2 house. It is for the complainant to prove that that was defamatory. It is the case of the accused that was not stated by the accused to the journalist. The clarification of the accused came to be published in the same weekly of 6th to 12th September, 2004 along with rejoinder of the journalist. 3. Consequently from all the three documents read together which are of similar publication and hence having similar admissibility the allegations if at all is made clear. Consequently the order of acquittal cannot be faulted. 4. Application for leave to appeal is dismissed. (R. S.DALVI, J.)