IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20233 of 2007 1. MANOJ SINGH ,Son of Ram Lakshan Singh. 2.Rajesh Singh, Son of Ram Lakshan Singh. 3. Pramod Singh, Son of Ram Lakshan Singh. Versus STATE OF BIHAR . ----------- 9. 12.05.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has challenged the order dated 14.07.2006 passed in Complaint Case No.379(C)/2006 by which the learned Chief Judicial Magistrate, Bhabhua has taken cognizance for offences alleged Under Sections 423 & 420 of the Indian Penal Code. A complaint petition was filed by Asturva Kuer who has been substituted by Kashi Nath Singh, her son. It has been alleged in the complaint petition that the accused persons took Asturva Kuer on a Jeep to Registry Office, and without paying her any money, got a sale deed executed. It is alleged that they got her signature and thumb impression by misleading her into believing that she was signing certain documents with respect to her health and treatment. The complaint was filed after seven months, as it is stated that the complainant could not get information or knowledge that she had executed a sale deed. In relation to a sale deed executed on 25.10.2005, Kashi Nath Singh son of Asturva Kuer has filed Title Suit No. 152/06 before the Sub Judge II, Bhabhua, challenging the validity of the sale deed. It has been pleaded that the sale deed was executed by playing fraud 2 on Asturve Kuer. The complainant has to produce the sale deed, the Chirkuit, examine the persons in the Registry Office, as witnesses who would explain the circumstances under which the sale deed was executed. The decision of the Civil Court with respect to the allegation of fraud would depend on the manner and circumstances surrounding the execution by the sale deed. The factum of non- payment of consideration amount would have to be tested by the Civil court. If the court comes to the conclusion that there is a fraud or that the accused persons had resorted to cheating Asturva Kuer, then certainly a case Under Section 420 of Indian Penal Code may be made out, but at this stage to allow the criminal case to continue would amount to the misuse of the process of law. Where there is a civil remedy available, it would not be proper to file criminal case, as the matter can only be finally decided by civil court. I accordingly, quash the order dated 14.07.2006 passed by Sri Habibullah Ist Classs, Judicial Magistrate, Bhabhua in Complaint Case No. 397(C) /2006. This application is accordingly allowed. Nitesh (Sheema Ali Khan, J.)