MINAL MANOHAR BORWANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal writ petition is filed, being aggrieved by the judgment and order dated 3rd December, 1991 passed by the Additional Sessions Judge in Criminal Revision Application No. 216 of 1991, dismissing the said revision application filed by the applicant Mrs. Minal Manohar Borwankar (present petitioner ). By the impugned judgment and order, the learned Additional Sessions Judge, while dismissing the revision application filed by the applicant, confirmed the order of the learned Metropolitan Magistrate, 26th Court, Borivli, directing the complainant Mrs. Minal Borwankar to pay compensation of Rupees Five hundred to the accused, as provided under section 250 (2) of the Code of Criminal Procedure, 1973, in default, to suffer simple imprisonment for 30 days.

(2.) FEW facts which are required to be stated are as follows:-It is the prosecution case that the complainant Mrs. Minal Manohar Borwankar was a landlady in whose premises the accused Shilpa Vinay Nerurkar was admittedly residing. The said Shilpa Nerurkar was in occupation of the block of the complainant on tenancy basis and there was a dispute between the complainant and the accused relating to the issue of tenancy in respect of the said block. The complainant had a grudge against the accused, as the accused allegedly carried out some unauthorised construction in the said block, without the permission of the landlady (complainant ). The landlady therefore gave a complaint in the Bombay Municipal Corporation and invited the attention of the authorities. On 12th January, 1987, one Junior Engineer and some officers from Bombay Municipal Corporation visited the premises of the accused for inspection with respect to the alleged unauthorised construction carried out by the accused.

(3.) IT is further the prosecution case that on that day, there was a quarrel between the complainant Mrs. Minal Borwankar and the accused. According to the prosecution case, Mrs. Minal Borwankar was holding one purse in her hand which was containing cash amount of Rupees One thousand, bunch of the keys, diary and some other sundry articles. The allegation of the prosecution is that during the course of quarrel, the accused snatched the money purse from the hands of the complainant with dishonest intention, and thus, committed theft of Rupees One thousand, which at that time, were in the purse. Thereafter, the complainant went in Goregaon Police Station on the same day at about 2. 20 p. m. and lodged complaint with respect to the theft allegedly committed by the accused Shilpa Nerurkar.