DEBAL MALLIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 10.04.2000 passed in Criminal Revision No. 63 of 1993, whereby and whereunder the revisional court, having set aside the order dated 12.01.1993 passed in Complaint Case No.377 of 1991, remanded the matter before the court concerned, for passing a fresh order on the point of cognizance, in accordance with law.

(2.) IT is the case of the complainant that the complainant did approach to one Ashok Chandra Mallik, one of the executors and trustees of 'Gibraltar House' at Hazaribagh, Bihar (Now Jharkhand) and negotiated to purchase trust property. Ashok Chandra Mallik agreed to sell out the properties and thereupon, he realized heavy amount from the complainant and other persons, which amount was handed over to one of the accused Ashok Kumar Sinha to be given to Ashok Chandra Mallik and other trustees of Gibralter House, Hazaribagh. The aforesaid amount had been given by the complainant when it had been said that they will execute the sale deed but the accused person never executed the sale deed, though several requests were made by them.

(3.) MR . Mazumdar, learned senior counsel appearing for the petitioners submits that the petitioners had never demanded any money from the complainant or by any other persons, rather the petitioners have been made accused on the allegation that they had promised to the complainant that they would help the complainant in getting the sale deed executed and if the petitioners have failed to keep the promise, the petitioners had not committed any criminal offence and, therefore, revisional court, did commit illegality in setting aside the order, under which it had been held that no criminal offence is made out against the petitioners. Learned Magistrate while passing the order, was quite justified in holding, in the facts and circumstances of the case, that it is the case of civil remedy.