Penal Code, 1860–Secs. 420, 406, 467, 468, 471 & 120-B–FIR for the offence–Sustainability–Dispute as regard to sale and possession of flat–Cheques issued by the petitioner were bounced and a complainant was lodged u/s. 138 of N.I. Act prior to the present FIR–FIR does not disclose that at any point of time, petitioners were carrying any dishonest intention not to perform the agreement between the parties–Mere non-performance of a contract by one of the parties to the contract cannot be treated as a dishonest intention on the part of the party, failing to perform for the simple reason that different intervening circumstances including non-availability of the consideration money could be the reason for non-performance of the contract–FIR quashed.
