Payment made on white paper (not on stamp paper) receipt for sale of a house in 1997.
The payer never made any claim(neither oral nor written) on the payee, for execution of sale till 2009 ie., for more than 12 years.
Can the payer in 2009 file a criminal case in Police station on the payee for non-execution of sale.
Can the payee be tried u/s 420 ipc., when the payee never exhibited any refusal to execute the sale during 1997 to 2009?
Is it a fact that mere breach of contract which does not give rise for being prosecuted unless fraudulent or dishonest intention is shown from the very beginning, become applicable in above case from applying section 420 i.p.c on the payee?
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