BRIJ MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant appeal, appellant has challenged the judgment of conviction and the sentence dated 19.09.1994 imposed by the learned Special Judge (SC/ST Prevention of Atrocities Act Cases) No.3, Jodhpur in Sessions Case No.30/1994, whereby he has been convicted and sentenced as under:-

(2.) The prosecution case, as unfolded from the impugned judgment, is that a report (Exhibit P-1) was lodged by the complainant Rajan Solanki on 22.08.1991, alleging that he was intentionally insulted, intimidated, and physically assaulted by the accused by referring to his caste. It was alleged that such conduct amounted to an offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 in addition to an offence under Section 323 IPC.

(3.) I have heard learned counsel for the parties at considerable length and have meticulously perused the entire material available on record. Upon a holistic evaluation of the evidence, it becomes manifest that the substratum of the dispute between the parties was purely contractual and commercial in nature, namely that of seller and customer. The complainant admittedly purchased the motorcycle from the appellant's showroom in April 1990, and it stands proved on record that he defaulted in payment of the loan instalments. Several cheques issued by him were dishonoured, a fact not disputed during trial. In such circumstances, the appellant was legally justified in insisting upon clearance of outstanding dues.