AYODHYA PRASAD SONI Vs. STATE OF CG

JUDGEMENT

(1.) THIS revision is finally heard today.

(2.) THE applicant is aggrieved by the order dated 31.7.2004 passed by Special Judge, (Atrocities, Bilaspur) in special Criminal Case No. 24/2004 whereby charge under Section 420, 294, 506 of IPC and Section 3(1) (x) of the Sheduled Caste and Sheduled Tribe (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the Act) was framed against the applicant.

(3.) SHRI Somnath Verma, learned counsel for the applicant has placed reliance on explanation (9) of Section 415 and a decision rendered by the Supreme Court in Nageshwar Prasad Singh Vs. Narayan Singh1 wherein it was held that if under a contract, part of consideration was paid as earnest money and possession was also delivered to the complainant who did not perform his part in making full payment, the liability if any, arising out of such breach of contract was purely civil in nature and not criminal and therefore criminal proceedings under Section 420 IPC were liable to be quashed. It was also contended that the document under Section 173 Cr.P.C. filed by the prosecution did not reveal a prima-facie case under Section 3(1)(x) ofthe Act. On the other hand, Shri U.K.S. Chandel argued in support of the order dated 31.7.2004 passed by the trial Court.