JUDGMENT :

Ajay Kumar Gupta, J:

1. This revisional application has been filed by the petitioner against an order dated 06.01.2020 passed by the Learned Sessions Judge in Criminal Appeal No. 2/2018 arising out of judgment and order of acquittal dated 05.12.2017 passed by the Learned Chief Judicial Magistrate, Malda in connection with G.R. Case No. 315 of 2008 arising out of Kaliachak Police Station Case No. 56 of 2008 dated 10th February, 2008 under Section 420 of the Indian Penal Code, 1860, whereby the learned Sessions Judge heard an appeal and dismissed the said appeal as not maintainable because right to prefer an appeal under Section 372 of the Criminal Procedure Code lies with the victim and none else. Further view of the Learned Sessions Judge was that case in hand relates to an offence under Section 420 of IPC, the complainant cannot be termed as ‘victim’ and accordingly the applicability of Section 372 of Cr.P.C. does not arise at all.

2. The case of the petitioner, in brief, is that on 03.04.2005 the petitioner and his brother Aushed Sk entered into an agreement for sale with the opposite party no. 2 to purchase his share in the property in full and final consideration amount