Cheating

In the case of 35. In Hridaya Ranjan Prasad Verma vs. State of Bihar, (2000) 4 SCC 168, (para 16) it has been clearly provided, that non-fulfilment of promise can be considered as cheating only if the breach was committed fraudulently or with dishonest intention. Therefore to apply Section 420, it will have to be shown that failure to perform the promise was done with dishonest or fraudulent intention