IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.504 OF 2009 IN CRIMINAL APPEAL NO. 2009 IN C.C.NO.583/SW/2006 Shalini Parshuram Bhatte .. Appellant V/s. The State of Maharashtra & Ors. .. Respondents Mr.A.M.Saraogi for the Appellant. Mr.A.S.Shitole, A.P.P.for the State. Mr.S.N.Parikh for Respondent Nos.2 and 3. CORAM : A.R.JOSHI, J. DATED : APRIL 21st , 2009. P.C. Heard rival submissions for some time. 2. It is the application for leave to file an appeal against the Judgment and order of acquittal passed by Metropolitan Magistrate Court, Mumbai, acquitting the present Respondent No.2. Said original Respondent No.2 was charged with the offences punishable 1 under section 406 and 420 of Indian Penal Code. 3. According to the applicant original complainant a lady aged about 85 years, she was the joint owner alongwith her son Respondent No.2 with respect to certain flat and without her consent and without any authority from her, he disposed of the said flat thereby committing breach of trust and cheated her. 4. Considering the arguments and the material produced before this Court by way of annextures to the present application, in the opinion of this Court, it is a matter which is required to be tested for legality or otherwise of the Judgment and order of acquittal. Hence, leave is granted. Present Application for leave is disposed of. 5. Appeal is admitted. 6. Considering the age of the application being 85 years and a house wife, the hearing of the Appeal is expedited. (A.R. JOSHI, J.) 2