https://www.taxtmi.com/caselaws?id=469034 A mere breach of an agreement to sell does not by itself constitute cheating unless dishonest inducement or intention to deceive existed at the inception; refusal to execute the sale deed after part-payment is insufficient. Criminal breach of trust also requires entrustment of property and dishonest misappropriation or conversion, which is not shown where the advance is only contractual consideration. On these principles, the dispute remains civil in nature and is ordinarily remediable through specific performance rather than criminal prosecution. A civil claim cannot be recast as offences under the Penal Code simply to pressure performance of a sale contract. en-us Mon, 22 Jul 2024 00:00:00 +0530 Sat, 30 May 2026 14:01:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=469034 A mere breach of an agreement to sell does not by itself constitute cheating unless dishonest inducement or intention to deceive existed at the inception; refusal to execute the sale deed after part-payment is insufficient. Criminal breach of trust also requires entrustment of property and dishonest misappropriation or conversion, which is not shown where the advance is only contractual consideration. On these principles, the dispute remains civil in nature and is ordinarily remediable through specific performance rather than criminal prosecution. A civil claim cannot be recast as offences under the Penal Code simply to pressure performance of a sale contract. Case-Laws Indian Laws Mon, 22 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=469034