Penal Code, 1860–Sec. 420 [Corresponding Sec. 318(4) of BNS, 2023] –Constitution of offence–Appellant failed to abide the agreement of sale as also as failed to return the money received in advance–For establishing the offence of cheating, the complainant was required to show that he had a fraudulent or dishonest intention at the time of making the promise –In the facts of present case, there is a clear absence of dishonest or fraudulent intention on the part of appellant during the agreement of sale–No such allegation in the FIR–Nothing has been said on what the misrepresentations were and how the appellant intentionally deceived the complainant–No case is made out for the offence u/s. 420.
