sns IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3317 OF 2010 IN CRIMINAL APPEAL NO. OF 2010 Mumbai Municipal Corporation ..Applicant. v/s. Ghanshyam Goswamy and Ors. ..Respondents. Ms Seena Rawade, adv. for the Applicant/BMC. Respondent No.1 present in person. Smt. G.P.Mulekar, APP for the State. CORAM : J.H.BHATIA, J. DATE : 4th October, 2011 PC : 1 Heard the learned counsel for the applicant and the respondent no.1 in person. 2 The complainant/ Municipal Corporation seeks leave to prefer appeal against the order of acquittal passed by the learned Metropolitan Magistrate, 39th Court in Case No.9245/SS/2006 under Section 381 of the Mumbai Municipal Corporation Act. According to the prosecution, accused nos.1 to 3 were the office bearers of the accused no.4 Fountain Head Co- operative Hsg. Society. Notice was served on them to carry out certain repairs but they failed to comply with them. The trial Court found that notice was served only on the accused no.1 Sunil Bajaj and not on the other sns accused persons. Accused Sunil Bajaj and D.P.Koli have died and the case has abetted against them. Accused no.2 Ghanshyam was the Secretary. The trial Court found that he was never served with notice and service of the notice on the deceased Sunil would not sufficient to hold the accused no.2 Ghanshyam Goswamy guilty for the offence punishable under Section 381. In view of the reasons given by the trial Court for acquittal, I do not find any reason to interfere. 3 Therefore, leave to prefer appeal against acquittal refused and application stands rejected. (J.H.BHATIA, J.)