Counsel for the petitioner vehemently contended that earlier the complainant had made application Annexure P-2, levelling similar allegations, but without stating that the land agreed to be sold belonged to petitioner’s brother Dev Singh. The said application was enquired into by Deputy Superintendent of Police who made report Annexure P-3 that no evidence could be produced by the complainant regarding alleged agreement and payment of 2,00,000/- as earnest money and it was also reported that the matter being of taking and returning of money, no action was required by the Police. It was also submitted that thereafter the complainant moved another application on which the instant FIR was registered. It was also argued that the complainant on the basis of alleged oral agreement, would not have given huge amount of 2,00,000/- to the petitioner. It was also canvassed that even taking the allegations made in the impugned FIR at face value, it would be primarily a case of civil liability and not giving rise to any criminal liability being simple case of breach of alleged oral agreement.
