Vasudeo Kulkarni VS. Suryakant Bhatt & Anr.

Summary

---

The appellant was a lawyer, under whom the complainant (first respondent) was a junior. The appellant was engaged as counsel in certain cases by the complainant's father.The appellant submitted statement of accounts to the complain- ant's father in respect of the sums spent by him in the suits. After a lapse of three years the complainant filed a complaint against the appellant making allegations under ss.

409, 468 and 474 I.P.C. The trial Court acquitted him holding that the prosecution had been launched after inordi- nate delay and that there was no clear and conclusive evi- dence of criminal intention and dishonest mental act on the appellant's part. The High Court, on appeal, set aside the acquittal holding that the appellant's explanation in regard to the discrepancies was not true and could not be accepted.

Allowing the appeal to this Court,

HELD: There was no sufficient ground for the High Court to interfere with the acquittal in this case when the rea- sons given by the trial Court were weighty and cogent and there was no compelling justification to take a contrary view. [112 F]

The mere fact that certain amounts were in the hands of the appellant and the accounts submitted were incorrect would not lead to the conclusion that the appellant commit- ted criminal breach of trust. [111 F]

In the instant case, the complainant was a junior of the appellant and he could himself easily find out the discrep- ancy in the accounts and could have drawn the appellant's attention to it. The complainant's father did not authorise him to file the complaint nor was he examined to corroborate the complainant. Secondly, in a notice issued to the appel- lant by the complainant's father the latter did not at- tribute any dishonest intention or criminal intent on for- mer's part. The High Court was wrong in holding the charge as proved and in reversing the order of the trial Court.

[111 G; 112 C]

See the full content of this document

Extract

---

Vasudeo Kulkarni VS. Suryakant Bhatt & Anr.

PETITIONER: VASUDEO KULKARNI Vs.

RESPONDENT: SURYAKANT BHATT & ANR.

DATE OF JUDGMENT02/03/1977

BENCH: GOSWAMI, P.K.

BENCH: GOSWAMI, P.K.

SHINGAL, P.N.

CITATION: 1977 AIR 1331 1977 SCR (3) 109 1977 SCC (2) 304

ACT: Practice and Procedure--Trial Court acquitted the ac- cused--High Court-When could reverse trial court's findings.

JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 24 of 1972.

(Appeal by Special Leave from the Judgment and Order dated 22-10-1971...

See the full content of this document

---