RAVINDRA SINGH,J. - (1.) HEARD Sri Jagdish Singh Sengar and Kamlesh Shukla learned Counsel for the applicant, learned AGA and Sri Laxmi Kant Pandey learned Counsel for the complainant.
(2.) FROM the perusal of the record it appears that in the present case the F.I.R. was lodged by one Smt. Geeta Singh at P.S. Karchhana, District Allahabad in case crime No. 462/2004, under Sections 364, 406 IPC on 28 -12 -2004 at 6.10 p.m. against the applicant in respect of the incident which had occurred on 26 -12 -2004 at about 10 a.m. According to prosecution version one Amar Bahadur Singh the husband of the first informant had given an advance money of Rs. 1,30,000 to the applicant to purchase a land from him in the month of September 2004, but subsequently the applicant and his father sold that land to another person Umesh Mishra. Thereafter, the husband of the first informant demanded his money from the applicant. The applicant has given assurance that the money will be returned after the marriage of his sister, which was scheduled to be on 8 -12 -2004. On 26 -12 -2004 at about 10.00 a.m. the applicant came at the house of the first informant and asked her husband to go to village Nibi where his money will be returned back, relying upon him Sri Amar Bahadur Singh left his house in the company of the applicant by riding on a motor -cycle of the applicant, but thereafter, he did not return back and the applicant had returned to his house. On an inquiry he stated that Amar Bahadur Singh had gone in his Company but he left his company in Rampur. Thereafter, the F.I.R. was lodged.
(3.) IT is contended by the learned Counsel for the applicant that the F.I.R. was lodged only on the basis of the doubt and suspicion and according to prosecution version itself the applicant had not denied to receive the amount of Rs. 1,30,000/ - which was accepted by him as advance money to sale the land.;