IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.10 of 2011 JANAK NAND KISHORE Versus THE STATE OF BIHAR & ANR ----------- 03. 11.03.2011. After having heard Sri Uday Kumar, the learned counsel appearing for the petitioner which seeks the grant of special leave to appeal against the judgement and order of acquittal dated 9th day of December, 2010 passed by Sri Akshay Kumar Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No.277(C)of 2003, the court finds that there is no reason for granting the relief sought through the present petition. The learned Magistrate has written a very short but meaningful judgement and on consideration of the evidence has upheld the prosecution story that the deed of agreement to sell the property in favour of the complainant was indeed executed but the complainant failed in proving as to what statement or statements made in that particular deed by the respondent was false. This was one of the most important ingredients out of the four identified by the learned Magistrate in paragraph-8 of his 2 judgement. It is well settled that an accused does not get acquitted merely because he had proved his defence, but if the prosecution fails to prove the constitution of each of the ingredients of an offence, then the foundation of the prosecution case is shaken and, thereby, the accused gets acquitted. That appears the case presently in hand, considering which, the application seeking special leave is hereby dismissed. B.Kr. ( Dharnidhar Jha,J.)