IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.19 of 2011 RAM PRAVESH YADAV Versus THE STATE OF BIHAR & ANR ----------- 02. 28.03.2011. After having heard Sri Ram Nath Modi, learned counsel appearing for the petitioner in the present application seeking Special Leave to Appeal against the judgement and order of acquittal dated 3.2.2011 passed by Sri Ravindra Kumar Ray, Judicial Magistrate, Ist Class, Patnacity in C.A.No.898 of 2009 and specially considering the admitted evidence that after having borrowed Rs.25,000/- from the complainant the accused had granted a receipt Ext-3(Annexure-2) which reads that in case of not getting the amount returned by the accused, the complainant shall be free to realize the amount by the due process of law against any moveable or immovable properties belonging to the accused, this court is not simply inclined to grant any relief as sought for. The reason is that the very stipulations indicate that there could not be any criminal proceedings for the amount advanced by the present petitioner. The very granting of the receipt 2 by the accused persons could not tantamount to fraudulently or dishonestly defrauding the present applicant of the amount which was allegedly borrowed by the accused. The court below has rightly passed an order of acquittal after properly apprising the evidence and in that view of the matter there does not appear any merit in the present application seeking Special Leave to Appeal. The same is dismissed. B.Kr. ( Dharnidhar Jha,J.)