IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.94 of 2010 SHAILENDRA KUMAR SRIVASTAVA, SON OF LATE HOSHILA KUMAR SRIVASTAVA, RESIDENT OF VILAGE— MAMARKHA, POLICE STATION- MALAHI BAZAR, DISTRICT- WEST CHAMPARAN, PRESENTLY RESIDING AT LCT GHAT, MANPURA BAGICHA, POLICE STATION- PATLIPUTRA, DISTRICT- PATNA. .. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. PRAMOD KUMAR SINGH, SON OF LATE SHYAM SUNDAR SINGH, PERMANENT RESIDENT OF VILLAGE RAMPUR KALA, POLICE STATION- JALALPUR, DISTRICT- SARAN AT CHAPRA, PRESENTLT RESIDING C/O RANDHIR SINGH, DURGA ASHRAM GALI, SHEIKHPURA, BAILEY ROAD, POLICE STATION- SHASTRINAGAR, DISTRICT- PATNA. … OPPOSITE PARTY. ----------- 4. 11.03.2011 Heard learned counsel for the parties. In face of the decision made by the learned Magistrate while acquitting the solitary respondent of the charge under Section 138 of the Negotiable Instruments Act, the Court finds that if not an outstandingly frivolous prosecution, in teeth of the statement of the complainant himself, there are many reasons which have been nicely noted down by the learned Magistrate in writing her judgment, some of which find favour with this Court as well. The first circumstance having been noticed by the learned Magistrate was that the story of advancing loan in three installments of Rs. 10,000/- could never be coming to Rs. 55,000/-in total. The second circumstance which has been noted by the learned 2 Magistrate is that while advancing the loan of Rs. 20,000/- the complainant was getting a document created in token of advancement of loan. But, that was not happening on the subsequent occasions for which accused was issuing cheques which were bouncing. These two reasons quite have been sufficient to acquit the accused persons and, accordingly, the prayer for granting special leave to appeal against the judgment and order of acquittal dated 26.8.2010 passed by Ms. Kalpana Srivastava, Judicial Magistrate, Ist Class, Patna in Complaint Case no. 2737 (C) of 2006, Trail No. 468 of 2010 could not be granted. The petition is dismissed. Ibrar/- ( Dharnidhar Jha, J.)