(1.) BY the instant criminal misc. petition under Section 482 Cr. P. C. , the petitioner seeks quashing of FIR No. 115/2001, Police Station, Sadar Bazar, Division-A, Jodhpur qua the petitioner for the offences under Sections 420, 463, 465, 467 and 120-B IPC.
(2.) I have heard learned counsel for the parties. Carefully gone through the FIR and the Police INvestigation Diary.
(3.) IN S. W. Palanitkar vs. State of Bihar (supra), the Apex Court held that it is necessary to show that a person had fraudulent or dishonest intention at the time of making the promise, to say that he committed an act of cheating. A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating.