1 APPLN-1066.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1066 OF 2011 Guruprasad Co-operative Housing Society Ltd. .... Applicant Vs. M/s. Shree Parshuram Associates & Ors. .... Respondents Shri Manoj M. Gadkari for the Applicant. Shri K.V. Saste, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 17, 2011 P.C: 1. Heard the learned counsel for the applicant. 2. This is an application for leave to file appeal against the acquittal of the respondents for the offence punishable under Section 13 r/w Section 11 of the Maharashtra Ownership Flats Act, 1963, ordered by the learned Judicial Magistrate, First Class, Court No.1, Pune. 3. The learned Magistrate seems to have accepted the defence of the accused-builder 2 APPLN-1066.11 that the builder was ready to execute conveyance, though completion certificate was not obtained. The default of the occupants of the flats which the learned Magistrate possibly refers to is failure of the members to pay municipal taxes which was a hurdle in obtaining the completion certificate. This would require an examination, since question of payment of municipal taxes by occupants before completion certificate was obtained is doubtful. Those taxes would have to be paid by the builder till the occupants actually get to occupy the building after the completion certificate is issued. Hence leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. 4. The application accordingly stands disposed of. (R.C. CHAVAN, J.)