JUDGMENT : I.A. No.5043 of 2019 1. Heard the parties. 2. The instant interlocutory application has been filed with a prayer for grant of special leave under section 378(4) of the Code of Criminal Procedure to present this appeal. 3. Learned counsel for the appellant submits that admittedly the appellant-complainant did not adduce any evidence after substance of the charge was explained to the accused person even though he was given ample opportunity and he was regularly present and taking steps and in the absence of any evidence in the record, the learned Magistrate acquitted the accused persons. Learned counsel for the appellant further submits that since cognizance has been taken in the case, the learned Magistrate ought not have dismissed the complaint. Hence it is submitted that the special leave to present this appeal be granted. 4. I do not find any force in this submission of the learned counsel for the appellant and such submission is contrary to law. Since even after ample opportunity being given from 31.01.2019 to 10.04.2019, the complainant could not examine a single witness though he was regularly taking steps in the case, in absence of any evidence in the record whatsoever, the learned Magistrate rightly acquitted the accused person of the case. Hence, I do not find any illegality in the order passed by the learned Magistrate to grant special leave to present this appeal. 5. Accordingly, this Interlocutory Application being without any merit is dismissed. 6. Consequently this Acquittal Appeal (C) No.75 of 2019 is also dismissed.