Section 415(g) in The Jammu and Kashmir State Ranbir Penal Code, 1989
(g)A intentionally deceives Z into a belief that A means to deliver to Z, a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if, A at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks the contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.