There should be intention to cheat since begining to amount to offence of cheating
The intention to cheat has to be described to be existing at the very inception, which is essential ingredient of the offence of cheating. Change of mind on failure to perform the promise, or even otherwise, would be a civil wrong being breach of promise. This breach, ipso facto, would not amount to cheating, being a matter of civil contract.
Bombay High Court
Mr. Dattaprasad Ramvilas ... vs The State Of Maharashtra, Through on 27 September, 2011
Bench: A. H. Joshi, A. R. Joshi