ANKUR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 23.8.2016, passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 24187/2016 filed under Section 482 of the Criminal Procedure Code, by which the High Court has dismissed the petition filed by the appellant.

(3.) Records reveal that the parents of the appellant, namely, Ajya Kumar Gupta and Smt. Anuradha Gupa, entered into an agreement to sell dated 14.1.1997 with Respondent No.2 herein. The sale consideration was Rs. 33,50,000/- (Rupees Thirty Three Lakhs Fifty Thousand only); the parents of the appellant received earnest money of Rs. 6,50,101/- (Rupees Six Lakhs Fifty Thousand One Hundred One only) and remaining amount was to be paid at time of registration of the sale deed. The appellant however denies about the receipt of earnest money of Rs. 6,50,101/- by his parents. It seems that the said transaction for agreement to sell was not completed. Civil Suit in that regard is filed and is pending. Respondent No.2 lodged the complaint before the police authorities, Rampur, making allegations of cheating, breach of trust, etc., against the parents of the appellant as well as the appellant, which came to be registered as FIR No.03/2016 for the offences under Sections 406, 420 and 506 of the Indian Penal Code (IPC). Chargesheet No.23/2016 also came to be filed against the three persons, including the appellant. Cognizance was taken by the Chief Judicial Magistrate, Rampur, against the appellant and his parents.