There were two drivers and one cleaner in the truck.
On being approached by them the appellant telephoned to manager Bakshi of the Transport Company to arrange for the payment of octroi which amounted to more than Rs.
Driver Balwant Singh was number examined in the case.
The companyclusions of the trial companyrt on these points were 1.
Appeal by special leave from the judgment and order dated March 6, 1972 of the Bombay High Court at Bombay in Cr.
Having failed to trace the necessary relevant documents in the office files Shri Karkhanis lodged the companyplaint in February, 1969 and a case 3 L761Sup.
Not proved.
CI/73 was registered After preliminary enquiry under Ch.
264 of 1972.
Not proved.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The evidence in this case is mainly, if number wholly, circumstantial and about 20 witnesses were examined including a handwriting expert.
In the affirmative.
The trial companyrt in a lengthy judgment exhaustively discussed the evidence of these witnesses.
It is number prepared at the companynter.
N. Sharma, for the appellant.
On December 16, 1962 a truck belonging to the said transport companypany bearing number MPR 2147 arrived at the check post carrying a Depleix Machine to be delivered to Messrs Imperial Tobacco Company.
For this purpose we will have to appreciate the evidence of the two witnesses about whom I have spoken quite a long time and we have also to appreciate the interval of time.
It did number place implicit reliance either on Bakshi P.W. 4 or on Inderjit Singh W. 18 as, indeed in the testimony of both of them the trial companyrt found partly reliable and partly unreliable statements.
After this observation follows the following passage in the judgment I do number, however, feel that this earns an acquittal for him The direct charge regarding the forgery companyld be taken as number proved we will have however to weigh the other evidence for finding out whether he companyld have used the document which is necessarily a fogged docu ment, as a genuine document.
164 of 1972.
The Manager, Bakshi and Director, Inderjit Singh went to the Imperial Tobacco Company the following day and after getting Rs.
The Judgment of the Court was delivered by DUA, J. The appellant in this appeal by special leave was tried in the companyrt of Session for Greater Bombay at Bombay for offences under s. 467, under s. 471 read with s. 467 and under S. 420, I.P.C. According to the prosecution the appellant was running an octroi clearing agency under the name and style of National Octroi Clearing Agency at the Mulund check post.
A. No.
The trial companyrt felt that the case required evaluation of the evidence of Bakshi P.W. 4 , Inderjit Singh P.W. 18 and Handwriting Expert P.W. 17 .
B. Wad and Rine Sachthey, for the respondent.
He used to attend to certain transactions relating to the transport companypanies, one of those companypanies being the Montgomery Transport Company.
8,196/ for the octroi reached the Mulund Check post.
In the affirmative, In the affirmative.
8,000/ .
The amount was handed over to the appellant in the presence of the driver.
