1 appln3778-09 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3778 OF 2009 Mumbai Municipal Corporation .. Applicant Versus Suresh Danial and others .. Respondents Mrs. Seena Rawade i/by Smt. V. K. Khatu for the applicant Mr. Vijay Patil for respondents 1 to 3 Mr. S. A.Shaikh, APP for the -State CORAM : N. D. DESHPANDE, J. DATE : 11 th February, 2011 P. C. 1. Heard both the sides. 2. This is an application for leave to appeal against the order of acquittal dated 20.3.2009 passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar in Criminal Case No. 21/SW/2007. 3. The proceedings are arising out of non compliance of the notice issued by the Applicant Corporation under Section 354 of the Municipal Corporation Act. According to the respondents, the trial Court held that no notice was served on them and given them benefit and acquitted. I do not find any fault in the order. Nothing debars the Corporation from issuing another/fresh notice. In such matters there is no res-judicata or double jeopardy. The people of 2 appln3778-09 Mumbai and their local body- Corporation should have respect for each other. Provisions of the BMC Act are to be scrupulously followed to maintain discipline in the city. The Corporation can adopt appropriate remedy and the respondents are duty bound to respond it. With this observation, leave is refused. 4. Application is accordingly disposed of. ( N. D. DESHPANDE, J. )