IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.25 of 2009 Narmadeshwar Prasad Sinha s/o late Kedar Nath Sinha, Former H.O.D., Department of Physics, Ganeshdutt College, Begusarai, resident of Mohalla- Mungeriganj Begusarai, Ward No.9, Begusarai Municipality, P.S. Begusarai, District- Begusarai at present residing at Flat No.208, Shasti Complex, New Jakkanpur, P.S. Jakkanpur, Town & District-Patna. …..Petitioner Versus 1. State Of Bihar 2. Dr. Rameshwar Prasad, Former Principal, Ganeshdutt College, Begusarai, Formerly residing at Principal’s House, Ganeshdutt College, Begusarai, at present, Principal, H.P.College, Madhepur, P.S. Madhepur, District- Madhubani. …Opposite Parties ----------- For the petitioner : Mr. Vishundeo Narayan, Advocate Mr. Pankaj Maijorwar, Advocate For the O.P. no.2 : Mr. Rama Kant Sharma, Sr. Advocate with Mr. Laxmi Kant Sharma, Advocate. ----------- 3/ 30.04.2009 Heard learned counsel for the petitioner and learned counsel for the opposite party no.2. The petitioner has challenged the judgment and order of acquittal dated 20th December, 2008, passed by Sri Deepak Kumar, J.M. Ist Class, Begusarai, in Complaint Case No.510 (c) of 1995 (T.R. No.1783 of 2008) by which opposite party no.2 has been acquitted from the charge under sections 500 and 501 of the Indian Penal Code. The prosecution case is that the petitioner had applied for housing loan from the State Bank of India and the bank required a certificate from the Principal of the college where the petitioner was working for the purpose of deducting the instalments of the loan amount from the salary of the petitioner. Initially, the opposite party no.2- the Principal granted the certificate and thereafter withdrew the same. The certificate was withdrawn on the ground that the Principal could not deduct a sum of Rs.4352/- per month from the salary of the - 2 - petitioner because of the fact that the salary amount released by the State government was irregular. The petitioner filed a case under sections 500 and 501 of the Indian Penal Code alleging that this act of withdrawing the certificate/guarantee from the bank lowered the image of the petitioner in the eye of his colleagues and students. On perusal of the judgment, it would appear that the allegations have been discussed in detail and the court has come to the finding that offence under sections 500 and 501 of the Indian Penal Code is not made out in the facts of the case. The certificate withdrawn by the Principal is a private document which is a communication between the bank, the Principal and the petitioner and, as such, there is no occasion that the withdrawal would lower the image of the petitioner in the eye of his students and colleagues. In the result, there is no perversity in the reasoning of the trial court to make out a case for interference by this court. The S.L.A. is dismissed. JA/- (Sheema Ali Khan, J.)