Hari Prasad Chamaria v Bishun Kumar Surekha (1974)
Facts.
Money was advanced under an agreement; the recipient later failed to fulfil it, and a cheating prosecution followed.
Issue.
Does a subsequent failure to keep a promise amount to cheating?
Held.
No. Cheating requires a dishonest intention at the very time of the inducement. A mere later failure to perform, without proof of dishonest intent at the outset, is a breach of contract, not cheating.
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