SADRUDDIN HUSSAINBHAI SOMJI Vs. JHANGIANI J D

JUDGEMENT

(1.) These two appeals are disposed of by a common judgment as they arise out of the same facts.

(2.) These two appeals came to be filed for the reason that the learned Magistrate acquitted the accused of the offences under sections 3, 5 and 8 read with sections 13 and 14 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sales, Management and Transfer) Act, 1963, (hereinafter referred to as "The ownership Flats Act"). However, the learned Magistrate convicted the accused under section 4 of the Ownership Flats Act and sentenced him to pay a fine of Rs. 500/-, in default simple imprisonment for one month. Against the order of acquittal under the said sections, the original complainant has preferred the above first mentioned Criminal Appeal.

(3.) Against their conviction, the accused preferred appeal in the Court of Sessions for Greater Bombay and the learned Additional Sessions Judge acquitted the accused. Against the said order of acquittal the original complainant has preferred the second mentioned Criminal Appeal.