Advocates:
['SHRI KISHOR N SHRIYAN', '', 'SHRI ARJUN H PATIL', 'M/S PRAKASH AND CO']

* 1 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 241 OF 2008

(FOR LEAVE TO FILE APPEAL)

IN

CRIMINAL APPEAL NO.

OF 2008

Dahisar Saraswati CHS Ltd

...Applicants.

Versus

State of Maharashtra & Ors.

...Respondents

=======

Mr.Vishal Thaker i/by.Mr.Arjun Patil, adv.for applicants.

Mr.P.A.Pol, APP for State-respondent no.1.

Mr.P.D.Desai a/w.Mr.Vishal Mehta i/by.M/s.Prakash & Co,adv.for respondents

no.2 to 6.

CORAM : SMT.R.P.SONDURBALDOTA, J.

DATED : 27TH JULY, 2009.

P.C. :

1.

Heard counsels for both sides.

2.

This application is filed for leave to file an appeal against

the judgment and order dated 1^st November, 2007 by which the complaint

filed by the applicants was dismissed and the respondents who were

arrayed as accused nos.1 to 5 were acquitted of the offences

punishable under Sections 4, 5, 6, 11 read with Section 13 and 14 of

Maharashtra Ownership Flats Act, (hereinafter referred to as `the

MOFA Act’) 1963 and under Section 406 IPC read with Section 34 and 114

* 2 *

IPC. The petitioner is a Co-operative Housing Society and the

respondents are the builders and promoters.

3.

The