ANJALI H CHITRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application by the accused tor quashing proceedings being Case No. 10/5 filed against her by the respondent complainant in the Court of the learned Metropolitan Magistrate, 14th Court, Girgaon.

(2.) The basis of the complaint was that the Petitioner-accused who had taken a garage from the respondent who are builders, under an agreement (being part of Ex. C collectively to the application) had failed to pay ground rent, maintenance charges and municipal taxes aggregating to Rs. 7,354 from 1969 till filling of the complaint i.e. 4th January, 1979 as required under Section 4 of the Maharashtra Ownership Flats Act and the petitioner was, therefore, guilty of an offence under Section 12 (1) and (2) of the said Act.

(3.) Before the learned Magistrate, the complainant examined one witness on his behalf and thereafter made an application dated 16th September, 1981 for examining on his behalf another witness viz. one Parmeshwaran Vithal who was not mentioned in the complaint. The Magistrate, thereafter by his Order dated 11th December, 1981 directed issue of summons to the said witness to appear in his Court as a witness. However, before the said witness could be examined, the applicant accused has filed this application for quashing the proceedings.