Cr. R. No.1362/2003 3.11.2011 I have learned counsel for the applicant. Order dated 26.4.2004 passed on the order sheet of this case indicates that the respondent, though served, has not put in appearance. Thereafter there is nothing to show that the respondent has put in appearance. This revision arises out of a criminal complaint filed by the respondent under Section 420 of IPC. In the complaint the accused/ applicant applied for discharge which was allowed under Section 245 of Cr.P.C. The complainant preferred a criminal revision before the Additional Sessions Judge, Khurai, District Sagar, who has allowed the revision by the impugned order dated 7.8.2003. The allegation against the accused as appearing from paragraph No. 2 of the revisional Court's order is that the accused executed a sale deed of certain land on 9.5.1972 in favour of the complainant, while he knew on the date of such sale that the said land covered by the said sale deed is surplus land in land ceiling and that the accused did not have any right to sell such land. A copy of the statement of the complainant recorded on 30.1.2001 is on record. In Paragraph No. 8 of the said statement the complainant has stated that on the strength of the sale deed of 1972 the name of the complainant had been mutated in the revenue records. He further states in the same paragraph that it is correct that when the disputed land was purchased by the complainant at that time the accused was the owner of the land. He further states that it is correct that 3 or 4 years after purchasing the land the ceiling case started. It appears that the land was declared as surplus land in the year 1985 i.e. 13 years after the sale deed was executed. In the circumstances evidence of the complainant himself does not support the allegations made against the accused/applicant. It appears that after the land was declared surplus, the complainant has misused the criminal jurisdiction of the Court to get back his money from the accused. Accordingly, this revision is allowed. The order of the revisional Court dated 7.8.2003 is set aside. (Sushil Harkauli) Acting Chief Justice AK