In Brief
A housing cooperative society filed a complaint against developers alleging violations of the Maharashtra Ownership Flats Act. The Metropolitan Magistrate dismissed the complaint and acquitted the respondents. When the society sought leave to appeal before the High Court under Section 378(4) of the Criminal Procedure Code, the High Court refused. The Supreme Court held that the High Court should have granted leave, given the serious nature of the alleged statutory violations. The Court allowed the appeal, set aside the High Court's refusal, and remanded the matter for full appellate consideration on merits, noting that a substantive hearing was necessary to properly examine the issues of fact and law involved.
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