JUDGMENT :

P. SOMARAJAN, J.

1. It is against the conviction rendered for the offence punishable under Section 418 and 420 IPC, the sole accused came up in revision.

2. Both the courts below found the accused guilty of the offences punishable under Section 418 and 420 IPC and convicted thereunder and sentenced to undergo six months rigorous imprisonment for the offence under Section 418 IPC and two year rigorous imprisonment for the offence under Section 420 IPC. It is pertaining to an agreement for sale entered into by the parties, the complainant and the accused under a consensus ad idem specifying the terms and conditions to do certain things in future, that is to say, execution of a sale deed pertaining to an immovable property.

3. A mere breach of an obligation arising out of a contract for sale of immovable property though involves entrustment of money by way of part consideration or by way of security/earnest money would not by itself attract the offence punishable under Section 418 or 420 IPC. The expression “deliver any property” incorporated under Section 420 IPC does not include the amount received by way of security to contract or earnest money or advance deposit under a con