- 1 - 3285 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3285 OF 2007 Mumbai Municipal Corporation. .. Applicant vs Mr.N.Z.Mehta .. Respondent Ms.Teja Katdare i.b Mr.D.P.Nalavade for Applicant Ms.Mallika Ingale Respondent no.1 Mr.R.M.More APP for State CORAM: N.D.DESHPANDE, J DATE: 28 th March,2011 Per Court: 1. This is an application for leave to appeal. Perused the impugned judgment. It is a proceeding filed by Mumbai Municipal Corporation after issuance of notice under section 381 of the BMC Act, in the matter of some complaint of leakage of water from the toilet block of the accused and the aggrieved party is the original complainant i.e. occupier of flat no.3A. The accused is - 2 - 3285 residing in flat no.4A. 2. Heard submissions on both sides. In criminal complaints, normally evidence is looked into and if the Court is not satisfied, the trial results into acquittal. Every case is decided on merits but, for proving the charge, evidence is required. It appears that the BMC was unfortunate to bring home the charge against the accused. However, it is a case of denial of receipt of notice and therefore, nothing prevented the BMC from issuing a fresh notice and also to take necessary steps for stopping the leakage first. 3. In the light of above stated facts, no case is made out. Leave refused. N.D.Deshpande,J - 3 - 3285