HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5742 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2, learned A.G.A. for the State. 2. The present revision has been filed against the order dated 05.08.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 6, Varanasi in Case No. 2219 of 2024 (Deepak Giri vs. Suresh Giri), P.S. Chaubepur, District-Varanasi, by which the application moved by the revisionist under Section 156(3) Cr.P.C. has been dismissed. 3. Learned counsel for the revisionist has submitted that revisionist has paid a sum of Rs. 2,59,500/- (Rs. two lacs fifty nine thousand five hundred) in respect of property to be purchased by the revisionist, however the opposite party no. 2 sold the said property to someone else. He next submitted that the revisionist has received all the money, as well as the property has been sold to some third person. He further submitted that, when the revisionist demanded the said money paid by him, the opposite party no. 2 refused to return the said amount. He also submitted that the entire money, which was paid to opposite party no. 2 was transferred to the bank account of opposite party no. 2, therefore there is no difficulty so far as, the accounting of paid transfer money is concerned. 4. Learned counsel for the revisionist has further submitted that the said application under Section 156(3) Cr.P.C. has been dismissed on the ground that the dispute between the parties is of purely civil nature and has illegally been converted into criminal prosecution and prayed that the order dated 05.08.2024 passed by learned Additional Chief Judicial Magistrate, Court Versus Counsel for Revisionist(s) : Pawan Giri, Shivam Verma Counsel for Opposite Party(s) : G.A., Shashi Prakash Giri Deepak Giri .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) no. 6, Varanasi be quashed and set aside. 5. Per contra, learned counsel appearing on behalf of the opposite party no. 2 as well as learned A.G.A. for the State have submitted that, if the money alleged has been transferred in the bank account of opposite party no. 2 for purchasing the said land, but there is no such agreement, which was executed between the parties that the revisionist was proposed to purchase the said land. He further submitted that in the absence of any agreement to the contrary, it is made clear that, whether the said money was paid for purchasing the said land and even if, that was so, it shall remain open to the revisionist to recover the said money in accordance with law and prayed that the present revision is devoid of merits and the same is liable to be dismissed. 6. Having regard to the rival contentions and the fact that the money, which was paid to the opposite party no. 2, was transferred to his bank account with respect to the purchasing the property in question. No other amount of money, whatsoever has been stated to be paid to the opposite party no. 2, except the details of the amount annexed with the present revision and therefor, if any amount is due upon opposite party no. 2, the revisionist is at liberty to seek the recovery in accordance with law, but has unnecessarily given a criminal colour to the said transaction and the findings arrived at by learned A.C.J.M., Varanasi, holding that the transaction between the parties appears to be of civil nature and appears to be in order. 7. Under the circumstances, the present revision is devoid of merits and is accordingly dismissed. 8. However, it shall remain open to the revisionist to seek appropriate remedy to recover the said money in accordance with law, if so advised. It is also directed that if there is any delay in pursuing the recovery proceedings, the same may be condemned in the interest of justice. October 6, 2025 Faridul CRLR No. 5742 of 2024 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad