Akhilesh Chandra, J.

1. Heard learned Counsel for the petitioners, Additional Public Prosecutor for the State and Mr. Jitendra Kumar Roy, learned Counsel for the opposite party No.2. Since both these applications arising out of same case pending before the court below and only in the event of the earlier application decided in favour of the opposite party, any adjudication and finding on the point in issue arising in criminal revision shall be required. So, with the consent of the parties both the application are heard together and being disposed of by this Court as composite order.

2. Relevant facts of the applications is that opposite party No. 2, an holder of insurance policy issued from Life Insurance Corporation, Gaya Branch, (hereinafter referred as Corporation), obtained loan of Rs. 70,000/- from the corporation for the purpose of construction of house on execution of agreement entered into against his policy in response of sanction of Rs. 75,000/- for the purpose on his application for loan dated 26/05/1991.

3. A sum of Rs. 1,04,489.00/- was paid by complainant-opposite party No. 2 towards principal and interest etc. and as per corporation some more amount was lyin