IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.55 of 2009 Shashi Bala wife of Dr. Sudhanshu Kumar, Assistant Teacher, Parasar Bidyapith, Middle School, Katihar, resident of Mohalla- Gandhi Nagar, P.S. and District- Katihar. ….Petitioner Versus 1. The State Of Bihar 2. Shila Choudhary wife of Sri Basudeo Jaiswal, then Head Mistress, Parasar Bidyapith, Middle School, Katihar, resident of Mohalla- Amla Tola, P.S. & District- Katihar. …Opposite parties ----------- 2/ 15.05.2009 Heard learned counsel for the petitioner. This application has been filed against the judgment and order of acquittal dated 4.4.2009 passed in C.A. Case no.843 of 2002/ 200 of 2009 by Sri Vipul Sinha, Judicial Magistrate, Ist Class, Katihar, whereby opposite party no.2 was acquitted of the charge under section 418 of the Indian Penal Code. Allegation in the complaint petition is that although the Last Pay Certificate was issued, the Principal-opposite party no.2 withheld the pay of the petitioner. Considering the evidence of P.W.4, Shashi Bala, the complainant, the court has found that in fact the Last Pay Certificate was not countersigned by the Area Officer. This witness has further admitted that she got her salary on Banker’s cheque and Rs.30/- was deducted by the Bank and, as such, she has been harassed by the Principal-opposite party no.2. Other witnesses have also been examined but they have only supported the case of the petitioner to the extent that Rs.30/- was deducted from her salary. The matter relates to functions of the Banking Laws and also with respect to the procedure in making payment of salary to the - 2 - employees and, as such, I agree with the view taken by the court below that no offence under section 418 of the Indian Penal code is made out in this case. The judgment of the court below is based on cogent reasons and does not warrant interference of this court. In the result, this SLA is dismissed. JA/- (Sheema Ali Khan, J.)