It has been submitted by the learned counsel for the petitioner that for the purpose of setting up school, land was gifted by the petitioner and whatever amount given as an advance to the petitioner has been adjusted with respect to the work which was completed. Learned counsel further submits that initially an amount of Rs. 3,66,000/- was given and on 04.12.2009 work with respect to the said amount had already been completed. It is also submitted by the learned counsel for the petitioner although there is an allegation against the petitioner in the First Information Report of defalcating an amount of Rs. 4,88,850/- but there is no whisper with respect to the amount of Rs. 22,850/- as admittedly for the first installment the petitioner was given an amount of Rs. 3,66,000/- whereas, the second installment the petitioner was given an amount of Rs. 1,00,000/-. Learned counsel for the petitioner further submits that the school building has already been completed and the completion certificate to that effect has also been issued. It has therefore, been submitted that since the entire amount which was given as an advance to the petitioner
