IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.36 of 2011 Jagarnath Pandit Versus The State Of Bihar & Ors ----------- 2. 5.7.2011 After having heard Shri Ram Chandra Sahni, learned counsel for the applicant and Shri S.N.Prasad, learned A.P.P. for the State on the present application seeking special leave to appeal against the judgment of acquittal dated 3.2.2011 passed by Shri Dhirendra Kumar, Judicial Magistrate, Ist Class, Siwan in Complaint Case No. 1526 of 2003 and after having considered the findings recorded by the learned Magistrate, the case being one of crop cutting and theft of crop by the opposite parties and the appellant having failed to establish his possession over the disputed property and further the documentary evidence contradicts the oral testimony of the applicant, the Court finds no reason to allow the special leave to appeal. Besides the above, the learned trial Magistrate has also pointed out that the evidence of P.W. 1 was not admissible because he was not turning up for his cross-examination and P.W.3 was a hearsay witness. The finding recorded by the learned Magistrate appears the finding which could have been reached by a reasonable man. As a result of the above, this application appears of no merit as also being barred by limitation. In the result, this application seeking special leave 2 to appeal as also the petition under Section 5 of the Limitation Act are hereby dismissed. Kanth ( Dharnidhar Jha, J.)