Need Help Regarding Cheating case Agreement to Sell

Hello my Learned Friends... I need Help in a cheating case u/s 420 IPC where the accused has entered into agreement to sell with a person but has sold the same land to some other person after signing that agreement to sell.... which means he was owner in possession at the time of making agreement and complainant did not give any legal notice for registration of sale deed in his favour nor file suit for specific performance. Then, Accused sold the property and Complainant filed complaint case u/s 420 IPC. Necessary ingredient of 420 IPC is that there must be cheating at the time of alleged transaction... Can this Help?