IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.31 of 2011 GHULAM SHAHID Versus THE STATE OF BIHAR & ORS ----------- 2/ 20.6.2011 After having heard learned counsel for the petitioner, who was the complainant of Complaint Case no. 2334 C of 2008 in which judgment dated 26.3.2011 was passed by Ms. Jyoti Kumari, J.M. Ist Class, Patna, the court is not inclined to grant special leave to appeal against the impugned judgment for the reason that the evidence was completely deficient. Besides, the petitioner had filed a title suit, admittedly, for enforcing the part of contract which was already subsisting between the parties and the contract which was tried to be thrashed through the criminal proceeding could better be thrashed in a civil proceeding. The trial court has pointed out in the impugned judgment that since it appeared a case of civil liability, no criminal prosecution could be allowed and on that basis, no conviction could be recorded. This application is dismissed as of no merit. Anil/ ( Dharnidhar Jha, J.)