issued to the respondent, but it was of no avail. The petitioner thereafter realized that he had been cheated by respondent no. 2 and approached him personally to demand the amount. However, respondent no. 2, along with other unknown persons, allegedly assaulted and abused him. Learned counsel submits that the application under Section 156(3) Cr.P.C. was dismissed by the learned Chief Judicial Magistrate, Farrukhabad on 30.07.2024, against which the petitioner preferred Criminal Revision No. 189/2024 (Jaswant Singh vs. State of U.P. and others). The said revision was dismissed on the ground that the nature of the allegations, prima facie, revealed that the dispute between the parties was of a civil nature. Learned counsel further submits that both the courts below arrived at a common conclusion that the amount of money was not transferred from the petitioner's bank account but from his friend's account, which raised doubt about the petitioner's claim. It is submitted that this conclusion is erroneous, as the money belonged to the petitioner and was in the custody of his friend, Rajeev Kumar, who transferred the said amount to respondent no. 2 at the petitioner's request. The loss was thus actually suffered by the petitioner, and there was no justification for dismissing the application merely on the ground that the amount was not transferred directly from the petitioner's bank account. It is further submitted that both the courts below have arrived at an incorrect conclusion, and hence, both the impugned orders are liable to be set aside.
