- (1.) The State of Maharashtra has preferred this appeal challenging the judgment of the High court of Bombay (Nagpur bench) made in criminal Appeal No. 206 of 1974 dated 16/01/1979 whereby the high court had reversed the judgment of the Additional Sessions Judge, akola in Sessions Trial No. 45 of 1973 convicting the respondents under sections 120-B, 467, 468 read with 34 IPC. The offence complained of is said to have been committed in the year 1974.
(2.) Admittedly the main accused Nasrulla who is said to have been benefited by this transaction is still absconding. Having regard to the evidence adduced by the prosecution, the High court has found thus : "Therefore, a link must be established between the act complained of as having facilitated the commission of the offence and the actual commission of the offence. Applying the said principle to the facts of the present case, if we look for any line between the commission of the offence of cheating the central Bank of India by nasrulla and the making out of the receipts Exts. 15, 17 and 19 by accused Nos. 1 and 2, it must be held that the prosecution has failed to establish that link. "it has been further observed by the High court : "Similarly, there is no evidence and the link between the making of the MTRs and delivery of the MTRs or their ultimate finding their way in the hands of Nasrulla has also not been established by the prosecution beyond a reasonable doubt. " (It may be noted that the accused Nos. 1 and 2 are respondents 1 and 2 herein).
(3.) It was on the basis of the above finding the High court giving the benefit of doubt to the respondents acquitted both of them. After going through the entire judgment of the High court we are not persuaded to take a contrary view to that of the High court. Further, we do not find any illegality in the judgment warranting our interference. Hence the appeal is dismissed.;