[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 309/2008 STATE OF RAJASTHAN Vs. BABU LAL SAINI Date: 04.08.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal leave to appeal under Section 378(i)(iii) Cr.P.C. is directed against the judgment dated 30.08.2007 passed by the Civil Judge (Jr. Division) & Judicial Magistrate No.1, Alwar in Original Criminal Case No. 4/2007, whereby the accused-respondent has been convicted under Section 430 IPC, but he has been acquitted from the offence under Section 379 IPC and Section 3 of the Public Property Deficiency Act (for short 'the PPD Act'). As per the amendment in the Code of Criminal Procedure, criminal leave to appeal preferred against the judgment passed by the Judicial Magistrate is not maintainable. Even otherwise, the present criminal leave to appeal does not survive on merits also. Upon careful perusal of the impugned judgment dated 30.08.2007 passed by the Court below, it appears that guilt of the accused- respondent for the offence under Section 430 IPC has been proved, for which he has been punished [2] with a fine of Rs. 500/-, in default of payment of fine to undergo simple imprisonment for two days. So far as offence under Section 379 IPC and Section 3 of the PPD Act is concerned, the prosecution has utterly failed to prove the guilt against the accused-respondent, therefore, giving benefit of doubt, he has been acquitted from the aforesaid offences vide impugned judgment dated 30.08.2007. After carefully going through the impugned judgment dated 30.08.2007 passed by the Civil Judge (Jr. Division) & Judicial Magistrate No.1, Alwar, this Court do not find any illegality or error apparent on the face of the record which requires any interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/