IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29782 of 2009 Brij Kishore Giri, S/o late Radha Giri, resident of village-Harsari, Police Station-Shikarpur, District-West Champaran.. Petitioner. Versus State Of Bihar Akhileshwar Giri, S/o late Bangali Giri, resident of village-Dumra, police Stration- Lauria, District-West Champaran …….Opposite parties. For the petitioner: Mr. Bimal Kumar, Advocate For the state: Mr. Manoj Kumar No.-1, A.P.P. 2 09-11-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner while invoking the jurisdiction of this court vested under Section-482 of the Cr.P.C. sought for quashing the orders dated 08-05-2009 and 23-06-2009 passed by learned Chief judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 296C of 2007 and learned Sessions Judge, West Champaran, Bettiah in Criminal Revision No. 100 of 2009 respectively whereby and whereunder, the learned Judicial Magistrate, Bettiah dismissed the above-stated complaint case under Section-203 of the Cr.P.C. holding that civil dispute is made out between the parties and the aforesaid finding was confirmed by learned Sessions Judge, West Champaran , Bettiah vide order dated 23-06-2009 passed in Cr. Rev. No. 100 of 2009. It is gathered from the record that the petitioner filed complaint case bearing Complaint Case No. 296 C of 2007 against opposite party No. 2 alleging therein that 2 opposite party No. 2 took Rs 5,00,000/- (five lacs only) from the complainant after mortgaging the land situated at village- Vijbaniya, P.S. Shikarpur, District-West Champaran, Bettiah and also assured the complainant that if he failed to return the aforesaid amount, he will execute sale-deed in respect of the aforesaid land in favour of the complainant but subsequently, he neither returned the aforesaid money nor executed sale- deed in favour of the complainant. Learned Judicial Magistrate conducted an inquiry under Section-202 of the Cr.P.C. and later on, dismissed the aforesaid complaint case holding that the case relates to specific performance of contract which is civil in nature and for which, relief is available to the court of civil jurisdiction. The aforesaid order of the learned Judicial Magistrate was challenged by the petitioner before Sessions Judge, West Champaran, Bettiah by filing Cr. Rev. No. 100 of 2009 but the aforesaid revision was also dismissed by the learned Sessions Judge vide impugned order dated 23-06-2009 and after that, the petitioner has come before this court challenging the order dated 08-05-2009 passed by learned Judicial Magistrate as well as order dated 23-06-2009 passed by learned Sessions Judge West Champaran, Bettiah. Learned counsel appearing for the petitioner assailed the impugned orders on the ground that opposite party No. 2 had no authority to transfer the land in question as he had taken the aforesaid lands on lease , so it is clear that 3 the opposite party No. 2 had intention to cheat the petitioner but neither learned Judicial Magistrate nor learned Sessions Judge, West Champaran, Bettiah has paid any heed towards the aforesaid facts but I am not at all convinced with the aforesaid submission of learned counsel for the petitioner and in my view, learned Judicial Magistrate as well as learned Sessions Judge has rightly held that it is a case of civil nature and on the basis of facts mentioned in the complaint petition, the Criminal court is not competent to give any relief to the petitioner. Accordingly, this petition has no merit and it is dismissed at the stage of admission itself. A.K. Vishwakarma/- (Hemant Kumar Srivastava, J.)