:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1208 OF 2007 Pimpri Chinchwad Municipal Corporation. ..Applicant. Vs. Ranjeet Shankar Jondhale and ors. ..Respondents. Mr.D.R. More, For the Applicant. Ms. M.H. Mhatre, APP. for the State. Mr.V.D.Raut for the Respondents 1 and 2. CORAM: R.S. MOHITE, J. DATE : 02nd September, 2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal. By the impugned judgment and order, the accused persons have been acquitted for committing offence punishable U/s.398 of the BPMC Act,1949. On perusal of the impugned judgment and order, I find that benefit of doubt has been given to the accused. It is the case of the accused that they had paid octroi. They produced receipt at Exh.17. The said receipt indicates that the octroi due has been paid on similar goods at 8.17p.m. on 16.8.2005. It is the case of the accused that thereafter goods were shifted to another vehicle and the same were seized. The Octroi Inspector in his evidence has admitted that he did not make any enquiry by wireless as to whether any octroi had been paid. The panchanama in :2: question has not been signed by the accused. Taking into consideration the aforesaid facts, this is not a fit case to interfere in the impugned order. Hence, leave refused. It is made clear that the civil suit for damages will proceed on its own merits and on the evidence which will be led at the trial and the civil court will not be influenced by any observation made in this order. ( R.S. MOHITE, J.)