BANWARI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned P.P. and the learned counsel for the complainant. Perused the material on record.

(2.) By way of this misc. petition under Section 482 Cr.P.C., the accused petitioner Banwari Lal has approached this Court for challenging the order dated 13.3.2013 passed by learned Sessions Judge, Sri Ganganagar in revision, affirming the order dated 27.8.2012 passed by learned Judicial Magistrate Ist Class, Sri Ganganagar in Cr. Case No. 221/2010 whereby charges were directed to be framed against the petitioner for the offences under Sections 406 and 420 IPC.

(3.) Learned counsel Mr. Kaushik representing the petitioner relied upon the Supreme Court decision in the case of Mohammed Ibrahim & Ors. Vs. State of Bihar & Anr. reported in (2009) 8 SCC- 751 and urged that case of breach of contract pure and simple has been converted into a criminal prosecution for ulterior motives. The only remedy available to the complainant in the case at hand was to approach the civil court with a suit for specific performance which he failed to do. Not only this the complainant, even did not get access to the remaining consideration amount by 10.5.2018 because bank loan was never sanctioned to the complainant upto the scheduled date as per the bank statement which indicates that Banwarilal had taken a earlier loan of Rs. 2,98,000/- and the due amount towards the bank as on 13.6.2008 was running into a sum of Rs. 3,16,067/- and interest applicable thereupon. He thus urges that the entire story set up in the oral version of the complainant and his witnesses that the accused was approached with the second instalment of Rs. 50,000/- and that he refused to honour the contract is per-se false and fabricated. On these grounds he implored the Court to quash the criminal proceedings initiated against the petitioner.