( 1 ) THE accused-appellant faces a charge of cheating under The Indian Penal Code S. 420 before the court of the Magistrate concerned. The respondents, who are complainants, the former being an advocate, accused him of the offence because he backed out from an agreement for sale of certain property situated in the town of Patna. It is alleged that an agreement was signed between the complainant-respondents and the appellant whereby some land was agreed to be sold by the appellant to the complainants on a consideration and allegedly, a part thereof was paid as earnest money, the balance being payable in the manner indicated in the Deed. The most important term in the Deed was that possession of the plot would stand transferred to the complainants and possession in fact was delivered to the complainants over which they have made certain constructions. The complaint was laid on the basis that the appellant had cheated the complainants of the sum of money they had paid as earnest money as his subsequent conduct reflected that he was not willing to complete the bargain for which the complainants had to file a suit for specific performance which was pending in the civil court.

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