Seller refusing to pay token money back what are my legal rights

Dear Sir/Madam, - We have purchased a resale flat and paid advance token of 5.50 Lac ( 5 lac in cheque & 50 thousand in cash) and done MOU with him. - now due to lack of trust on the seller we dont want to proceed with this deal and want refund of our advance token of 5.50 Lac - In MOU there is no clause mentioned for forfeiture of advance token, it means that any party can back out from the deal anytime. - Now seller is not ready to refund our token immediately even he has refused to give any post dated cheque, he is saying he dont have any money now and will refund only when he sell this property to someone else which is a open chapter and we dont have any proof that he is holding our money after the MOU is expired which is 15th Jan 2016 - please advice what legal actions we can take against him in this scenario, can we file a criminal case of cheating ?? if yes how much time it takes to get results in normal circumstances and what are the estimated expenses for the same.