1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2005/2009 Sangli Miraj Kupwad Cities Municipal Corporation Applicant Vs. Prakash R.Shah & Anr. Respondents Mr.N.V.Walawalkar,Sr.Counsel i/b Mr.G.K.Keluskar for applicant Mr.S.S.Patwardhan for Res.no.1 Mr.S.A.Shaikh,APP for State CORAM: MRS.MRIDULA BHATKAR,J. DATE : 4th SEPTEMBER,2009 P.C. . Heard. 2] This application is filed against the order of acquittal passed by the Additional Sessions Judge,Sangli on 2/2/2009 acquitting the accused from the offence punishable under section 139 of the Maharashtra Municipalities Act,1965 and setting aside the order of conviction of the Chief Judicial Magistrate,Sangli. It pertains to the evasion of the payment of octroi . It is submitted that while setting aside the order of the learned Chief Judicial Magistrate the learned Sessions Judge has not considered at all the reasons given by the learned Chief Judicial Magistrate. Reliance is placed on the ruling State of Uttar Pradesh Vs.Munshi reported in (2008) 9 Supreme Court Cases,390 . 2 3] It appears that there is an arguable point. Payment of octroi on two items is disputed and this point is not properly dealt with by the learned Sessions Judge. A case is made out to grant special leave. 4] Leave granted. Appeal is admitted. Call for record and Proceedings. Trial Court to take Action under section 390 of the Code of Criminal Procedure,1973 . First respondent shall be forthwith enlarged on appropriate bail. (MRS.MRIDULA BHATKAR,J.)