IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.33566 of 2008 ====================================================== Sakaldip Sharma @ Sakaldip Thakur, Son of Late Sukhari Thakur, Resident of Village Sona Gopalpur, PS Phulwari, District Patna, At present Village Manoharpur Kachhuara, PS Gaurichak, District Patna. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ramadhar Shekhar, Advocate Mr. Devendra Kumar, Advocate For the State : Mr. Hirday Prasad Singh, A.P.P. For the Opposite Party/s : Mr. Rama Kant Jha, Advocate ====================================================== 2 11-07-2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the complainant. Cognizance has been taken for offences alleged to have been committed under Sections 420 and 473 of the Indian Penal Code. The case of the complainant is that the complainant had paid a sum of Rs. 6,60,000/- as an advance for sale of a piece of land bearing Tauzi No. 532, Khata No. 121, Plot No. 605 measuring 35.11/2 decimals. The said deed was executed with a condition that the document of agreement would be registered within a period of five months. The complainant further alleges that on 1.10.2006 when he approached the petitioner to make payment of the said Rs. 6,60,000/-, the petitioner refused to do so and also refused to execute the sale deed which was allegedly prepared by both the parties. Learned counsel for the petitioner submits that this case comes squarely within a civil dispute as the remedy for the complainant would be to file a suit for Specific Performance of Contract. A criminal case is not the proper remedy in the facts of this case as neither can be complainant recover the money by filing a criminal case nor can be get the land registered in his name. On perusal of the facts and the agreement of sale which has been annexed and not denied by the complainant, it would appear that continuance of this proceeding would amount to misuse of process of law as there is perfectly good remedy available to the complainant in the aforesaid facts. Accordingly, the order dated 11.10.2007, passed in Complaint Case No. 597(c) of 2007 is hereby quashed. This application is allowed. Sanjay (Smt. Sheema Ali Khan, J)