IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2737/2008 [State of Maharashtra vs. Ramkrushna Balaji Badkule] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 1 st JULY, 2009 Heard Shri Mandpe, APP, for applicant/appellant State and Shri A.A.Naik, Advocate,for respondent. Judgment of the trial Court perused. It does appear that the complainant has turned hostile to the prosecution. It does further appear that the amount was allegedly demanded by one Ashokan and it was allegedly paid to the respondent. What is important is the evidence of complainant, who states that when he inquired with him (accused) about Mr.Ashokan, foreman, he told that Ashokan was absent and therefore,he told the accused that foreman had demanded the amount and so he should keep the amount with him, however, the accused refused to accept the amount and advised him to hand over the amount to Ashokan. When he insisted the accused to accept the amount, he again told him to hand over the same to the foreman and thereafter, after his persistent insistence, he handed over the amount to the accused. It is not the case of the prosecution that this accused (respondent) had demanded the bribe amount and in fact the complainant had paid the same. The said Ashokan is not made accused for the reasons best know to the I.O. In these circumstances,there is no case for admitting the appeal. As such, the application for leave to file appeal, so also appeal is rejected. JUDGE Rvjalit