Indian Penal Code, 1860 (45 of 1860), Section 415, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheating – Quashing of FIR -- Non-performance of agreement to sell -- Mere non-performance of an Agreement to Sell by itself does not amount to cheating and breach of trust -- Adequate remedy of filing a Civil Suit for relief of specific performance of a contract which complainant has already availed and the suit is still pending -- FIR only appears to be an arm-twisting mechanism to pressurise the appellants to execute the Sale Deed or converted into a criminal wrong – Amount paid towards consideration cannot be said to have been entrusted -- Merely because the appellants are refusing to register the sale, it does not amount to misappropriation of the advance payment – Appeal allowed, FIR quashed.

(Para 6, 12, 14)