Municipal Corporation Of Gr. Mumbai v. Khimajibhai Pahadia And ANR

(2)-ALP-57-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.57 OF 2017 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.12.23 15:44:56 +0530 BALAJI GOVINDRAO PANCHAL Municipal Corporation of Gr. Mumbai Through Jr. Law Officer, R/South Ward, Shri. Himmat Mali ..Applicant

Versus

Shri. Khimjibhai Pahadia and Anr.

..Respondents Mrs. M. R. Bhoir, for the Applicant.

Mr. Ajay Patil, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 22nd DECEMBER, 2021 P.C.

1.

The respondent is acquitted for an offence under Section 390 r/w 417 of the Mumbai Municipal Act ("MMC Act" for short). 2.

I have perused the judgment delivered by the learned Magistrate.

3.

Counsel for the applicant would urge that there is enough material on record to infer prima-facie involvement of the respondent/accused.

4.

The view expressed by the learned Magistrate while delivering the judgment of acquittal is based on appreciation of evidence.

BGP.

(2)-ALP-57-17.doc.

5.

Though counsel for the applicant has tried to persuade this Court to take a different view, however, since view expressed by the learned Magistrate is a possible view, no case for leave is made out.

6.

Leave refused.

7.

Application stands rejected.

[NITIN W. SAMBRE, J.] BGP.