IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3290 OF 2007 Mumbai Municipal Corporation )..Applicant Versus Mr.B.K.Sharma & Anr. )..Respondents ---- Ms.Teja Katdare for the applicant. Mr.S.V.Marwadi i/by Manoj Upadhyay for respondent no.1. Mr.S.R.Shinde APP for the State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 7.8.2008. PC 1. This is an application for leave to appeal. The accused has been acquitted for committing offences punishable under Sections 354 read with Section 475 (A) (1) (a) of M.M.C. Act. On perusal of the impugned judgment and order and the record, I find that the acquittal is based upon the cogent reasons. The trial Court has held that the service of the notice and the authority to serve such notice was not properly proved. Notice is said to be served on Building Mukadam who was not examined by the prosecution. Jr.Engineer Shri Tushar Shirodkar (PW-1) examined by the prosecution admitted that the authority letter did not mention section 354 of M.M.C. Act. That the premises were tenanted. The : 2 : landlord had filed a suit for eviction of tenants and in the circumstances, it has been held that they could not have complied with the notice. In my view, this is not a fit case to interfere in an appeal against acquittal. Hence, leave refused. Application stands disposed off. Consequently, appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)