Mere non-performance of a contract does not constitute cheating unless there is evidence of dishonest intention from the inception of the transaction.

ORDER

This petition under Section 482 of the Code of Criminal Procedure, 1973(referred to as ‘Cr.P.C.’ hereinafter) is filed for quashing the FIR registered at Crime No.613/2023 at P.S. Simrol, Indore(Rural) for offence punishable under Section 420 read with 34 of IPC alongwith subsequent proceedings.

2. The exposition of facts giving rise to the present petition, in brief, is as under:

(A) Mahendra S/o Ghanshyam Patidar submitted a written complaint alleging cheating, fraud and forgery of revenue records by Mahesh S/o Ambaram, Dinesh S/o Ambaram, Reshambai W/o Ambaram, Krishnabai W/o Rajesh, Sapna W/o Nanuram and others. It is stated in the complaint that Mahesh, Dinesh, Reshambai, Krishnabai, Sangita, Sapna and others had executed an agreement to sale of property comprised in Survey No.199/3, Survey No.200/8 and Survey No.200/3 total area 1.644 Hectare located at village Simrol, Tehsil-Mhow, District Indore for consideration of Rs.2,56,84,000/- on 20.07.2022. The vendor Mahesh, Dinesh, Reshambai, Krishnabai, Sangita, Sapna and others had received total amount of Rs.1,14,50,000/- through cheque and cash in furtherance of the agreement to sale. It was promised that the vendors would execute the registered sale-deed after demarcation and mutation of the names of legal representatives of deceased Mukesh, Rajesh and Nanuram. Reshambai, in conspiracy with other vendors, removed her name from revenue record. The names of legal representatives of Mukesh were not mutated in the revenue records. The name of Mukesh was removed from the revenue records without mutation in favour of his legal representatives. The vendors have received consideration amount till 26.06.2023 and thereafter, cancelled the sale agreement by publishing false information in newspapers.

(B) Sub-Inspector Suresh Chouhan of P.S. Simrol enquired into the complaint and on the basis of inquiry, registered FIR at Crime No.613/2023 for offence punishable under Section 420 r/w Section 34 of IPC against (1) Reshambai (2) Krishnabai (3) Rohit (4) Rajmal (5) Sangita (6) Ankit (7) Pooja (8) Neha (9) Sapna (10) Mahesh and (11) Dinesh. Relevant documents including the agreement to sale, statements of Accounts and copy of revenue records were seized. The accused were given notice under Section 41-A of Cr.P.C. Their statements were recorded. The final report was prepared on 27.11.2024 after completion of the investigation.

3. Learned counsel for the petitioners, in addition to the grounds mentioned in the petition, referring to the impugned FIR(Annexure-A/1) contended that the main grievance of the complainant relates to non- performance of the contract of sale. The complainant was aggrieved by non-execution of sale-deed and non-payment/return of the advance money which is invariably a civil dispute. Learned counsel referring to order dated 28.07.2022(Annexure-A/15), passed by the Sub-Divisional Officer (Revenue) Dr. Ambedkar Nagar, Mhow submitted that names of Reshambai and Mukesh were directed to be recorded on the disputed land in compliance with proper procedure for mutation. Learned counsel further referring to order dated 02.03.2023, passed by Additional Tehsildar, Tappa Simrol, Tehsil Dr. Ambedkar Nagar(Mhow), District Indore(M.P.) submitted that the names of legal representatives of Rajesh and Nanuram were mutated in the revenue records through legal Revenue Proceedings. The certified copies of revenue records and the orders are admissible and trustworthy evidence of the revenue proceedings. No inference of cheating or forgery is available against the petitioners/accused. Learned counsel further contends that the complainant failed to pay the remaining amount in furtherance of agreement to sale within the agreed period, therefore, the accused party had given notice dated 04.08.2023(Annexure-A/5) for cancellation of the agreement. After exchange of notices, the petitioners/accused reported the dispute to the police vide Annexures-A/10, A/11 and A/12 but the complainant filed