Applicant has filed this petition under section 482 CrPC for quashing the proceedings of Criminal Case No. 100/2003 pending before the Chief Judicial Magistrate, Sagar and/or the order dated 28.1.2003 passed in aforesaid case taking cognizance against the applicant under section 294, 506-II IPC and section 3 (l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

In brief, facts of the present case are that applicant had entered into a contract with respondent Daulat Prasad for construction of his house. This agreement was entered into on 3.9.1998. There were some disputes about the construction and about the amount of money to be paid to respondent contractor. On 6.2.2002 respondent-complainant filed a private complaint against the applicant on the allegations that because of the dispute in respect of the contract applicant did not pay his money which was outstanding for the construction. When on 16.4.2000, he demanded his money, applicant told him "Ja be Chamara Tera Hisab Ho Chuka Hai Jo Dekhe Kar Lena Is Prakar Jatigat Apman Apsabdo Dwara Karte Hue Anavedak Ne A vedak Se Kaha Tujhe J an Se Khatm Karva Fikwa Dunga. " Aggrieved t