sns IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4479 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Municipal Corporation, Thane ..Applicants. v/s. M/s. Metro Shoes Pvt. Ltd. & Anr. ..Respondents. Mr. Madar Limaye, adv. for the Applicants. Mr. P.D.Desai, adv. for the respondent no.1. Mr. Y.M.Nakhwa, APP for the R.No.2/State. CORAM : J.H.BHATIA, J. DATE : 10th October, 2011 PC : 1 Heard the learned counsel for the parties. 2 The Municipal Corporation Thane, who is the original complainant seeks leave to prefer appeal against the order of acquittal passed in the complaint under Section 398 of the BPMC Act for under valuation of goods for the purpose of payment of octroi duty. Complaint was filed in 2006 and on 19.7.2010 complaint was dismissed in default and the accused was discharged. Even though the learned Magistrate used the word 'discharged' , it is tantamount to acquittal in view of the language of section 256 of the Cr.P.C. Therefore, the complainant seeks leave to prefer appeal against the acquittal. sns 3 On perusal of the roznama, it appears that the case was pending for the last about four years and on number of occasions, complainant and its counsel remained absent. Record reveals that on 19.4.2010, 20th May 2010 and on 15.6.2010 also the complainant and his advocate were absent. Finally, on 19.7.2010 when the complainant and his advocate were absent, complaint came to be dismissed. The learned Magistrate noted that the Court is located in the premises of the Municipal Corporation and still the concerned officer and his advocate do not bother to remain present. The fact that the case was pending for the last about 4 years also indicates that the Municipal Corporation and its officers were not serious about prosecuting the matter. In view of this, I find no justification to grant leave to prefer appeal against the order of acquittal. 4 Application stands rejected. (J.H.BHATIA, J.)