IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.57 of 2010 MUNMA DEVI Versus JAGDISH CHAUHAN & ORS ----------- 4. 11.10.2010 Limitation condoned. The S.L.A. was heard at the stage of admission. This application has been filed for leave to appeal against the judgment dated 12.4.2010 of the learned Judicial Magistrate, 1st Class, Kishanganj passed in Case No. C/1254/99/Tr. No. 704/2010 whereby the O.P. Nos. 1 to 5 who were tried but were acquitted of the charge under Sections 323, 384 and 379 of the Indian Penal Code. The case of the complainant/petitioner was that on 6.12.1999 while she was coming with cash of Rs. 5000/- withdrawn from her account in the United Bank of Indian, De Market Branch, the O.P. Nos. 1 to 5 surrendered her in the way and on the point of knife they snatched her money. The complainant/petitioner examined witnesses before the trial court who stated about the occurrence. The learned trial court considered the statement of witnesses but most remarkable aspect of the case which were considered by the learned trial court in para-20 of its judgment was that that the complainant/petitioner had produced a duplicate passbook mentioning her bank account’s transaction and the passbook mentioned the transaction on 6.12.1999 i.e. the date of occurrence and particular transaction dated 6.12.1999 did not show any withdrawal of money from the complainant/petitioner’s account. In the circumstances that 2 the duplicate copy of passbook as produced by the complainant/petitioner herself, the story of withdrawal of money was falsified. Therefore, the learned trial court finding no substratum for the allegation as levelled by the complainant disbelieved the prosecution story and acquitted them. In the facts and circumstances of the case, I find no merit in this case. Accordingly, the SLA is dismissed. (C. M. Prasad, J.) Ravi/-