- (1.) IN this Cr. M.P., petitioner has prayed for leave to file appeal against the judgment of acquittal dated 27.5.2009 passed by learned Judicial Magistrate, 1st Class, Chaibasa, in C -l Case No. 38 of 2005 corresponding to T.R. No. 462 of 2009.
(2.) LEARNED counsel for the petitioner submitted that judgment of the court below is based on no evidence. Learned Trial Court has not properly appreciated the evidences on record, inasmuch as he has committed an error in placing reliance on Ext. -C. The said document has been misconstrued. The evidence and material on record fully established, the charge under Section 420 I.P.C. against the accused -opposite party no. 2. Learned counsel appearing for accused -opposite party no. 2, on the other hand, submitted that the judgment of learned court below is based on thorough discussion and proper consideration of evidence on record. In paragraph 13 of the judgment, learned court below has found that P.W. 1 and P.W. 2 both have admitted that audit was being regularly made. They are not aware as to whether any discrepancy was found during in course of the audits. P.W. 1 who is himself the Executive Member had not seen the registers and not pointed out any misappropriation by the accused person in the period he was the Secretary of Singhbhum Sports Association. The defence has also exhibited the receipt no. 1972 issued by Singhbhum Sports Association -Ext. -A. Minutes of meeting dated 22.6.2005 of the Association -Ext. -B. Receipt of statement of Audit for the year 2005 - 2006 and 2006 -2007 -Ext. -C and two letters dated 26.8.2005 written by D.K. Banerjee to the Secretary, Neem Bagan Club, Chaibasa and the Secretary, Dr. Ambedkar Club, Chaibasa as Exts. - D and D/1.
(3.) HAVING heard learned counsel for the parties and perused the record, we find that learned trial court has dealt with the evidence in detail and has held that the complainant has failed to prove the charge levelled against the accused beyond shadow of any reasonable doubts. The judgment is well discussed and well reasoned. We find no ground made out for granting leave to appeal against the impugned judgment.;