Crl. Revision No.1346 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No.1346 of 2009 (O&M) Date of decision: 23.7.2009 Pawan Kumar ...Petitioner Versus Dharampal ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. P.S. Jammu, Advocate, for the petitioner. Rajan Gupta, J. This is a revision petition against the order dated 24th April, 2009, passed by Additional Sessions Judge, Fast Track Court, Sirsa, whereby he set aside the order, passed by Chief Judicial Magistrate Sirsa on 31st January, 2008, vide which he summoned the respondent to face trial under Section 420 IPC. The complaint was lodged by one Pawan Kumar alleging that the accused Dharampal and Ram Kumar had cheated him by getting effected a change in Girdawari by fraudulent means. The Chief Judicial Magistrate, Sirsa recorded the preliminary evidence of four witnesses produced by the complainant and decided to summon the accused to face trial vide order, Annexure P-1. This order was challenged by Dharampal before Additional Sessions Judge, Sirsa. The revisional court came to the conclusion that the entire dispute was of a civil nature and a civil suit had already been filed challenging the change in Crl. Revision No.1346 of 2009 2 Girdawari, so much so, that the said suit for declaration to annul the Girdawari, had been dismissed. Even the appeal against the same had also been dismissed. The present criminal proceedings were thus launched only with a view to pursue the same issue, which was subject matter of the civil litigation. The revisional court thus set-aside the order summoning the accused. The present petition has been preferred by the complainant challenging the impugned order dated 24th April, 2009, passed by Additional Sessions Judge, Sirsa. It appears from the facts of the case that the petitioner has only given criminal colour to proceedings of civil nature. Having lost the civil proceedings before the civil court, the petitioner wants to pursue remedy in the nature of a criminal case. However, all his allegations relate to the change effected in the Girdawari. Any such change in revenue record can easily be cured by taking recourse to an effective civil remedy. I thus find no merit in this petition. The same is hereby dismissed. (RAJAN GUPTA) JUDGE July 23, 2009 'rajpal'