1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2071 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Union of India .. Applicants V/s. Arvind Shiram Upadyay & Anr. ..Respondents Mr.R.F.Lambay for the applicants. Mr.A.S.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 9TH,2009. P.C. Heard Shri Lambay for Union of India which had preferred the present leave petition to file an appeal against the acquittal of Respondents original accused No.1 in the matter of offence punishable under section 420, 468, 477-A of Indian Penal Code and also offence punishable under section 5(2) read with section 2 5(1)(d)of Prevention of Corruption Act, 1947. 2. Perused the documents annexed to the application. Though Respondents is served and represented by his lawyer, none present. Allegedly, it is a matter of defrauding State Bank of India to the tune of more then Rs.18,00,000/-by accused No.1 by taking assistance of his brother original accused No.2. Allegedly, entire transactions from the account opened in the name of accused No.2 were controlled by accused No.1, then being the bank officer of State Bank of India and he being access to the account and allegedly withdrew various amounts. Considering the matter, it appears that it is a matter in which correctness of the impugned judgment is required to be tested in the appeal before this court and hence the leave petition is allowed. 3. Appeal is admitted. 4. Call for R & P. (A.R. JOSHI, J.) 3