Mrs. Vijay Lakshmi,J.

This revision has been filed against the judgment and order dated 8.5.2015, passed by learned Additional Chief Judicial Magistrate, Court No. 9, Varanasi, in Case No. 1514 of 2013, Santosh Verma Vs. Prem Bada Singh and others, under Section 406 I.P.C., Police Station Cantt., District Varanasi, whereby the discharge application moved by the revisionist has been rejected.

2. Heard learned counsel for the revisionist and learned A.G.A.

3. Learned counsel for the revisionist has submitted that the impugned order is illegal because no offence under section 406 I.P.C. is made out against the revisionist. Learned counsel has submitted that the opposite party no. 2 entered into an agreement to sell with co-accused Ram Singh alias Pintoo Singh and paid him Rs. Three Lakhs. Neither any agreement to sell was executed by the revisionist nor any amount was received by her. However, co-accused Ram Singh @ Pintoo Singh has already returned an amount of Rs. 280000/- to the opposite party no. 2 due to his failure to get the sale deed executed in favour of O.P. No. 2.

4. On the aforesaid grounds it is prayed by learned counsel for the revisionist that the impugned order dat