AMRIT LAL ARYA Vs. JEEWA SINGH

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 154 dated 8.6.2007 (Annexure P-3) under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act for short) and all the subsequent proceedings arising therefrom including summoning order dated 10.6.2009 (Annexure P-5).

(2.) Case of the complainant, in brief, is that he was doing labour work in the department of Food Corporation of India (FCI for short). Complainant belonging to Majbi Sikh caste. Salary of the complainant was deposited in the bank by the FCI department after deducting instalment of the loan taken by him from the bank. On 12.3.2007, complainant approached the bank for withdrawal of his salary. However, three instalments had been deducted from his salary and only Rs. 600/- were paid to the complainant by the bank. When the complainant inquired about it, petitioner had abused him in the name of his caste in the presence of other persons of the labour union. Hence, the complaint in question was filed.

(3.) Learned counsel for the petitioner has submitted that the petitioner was working as a Branch Manager. Complainant had taken loan from the bank. Salary of the complainant was being deposited by the FCI department in the account of the complainant with the bank. The loan instalments were deducted from the salary deposited by the FCI department in favour of the complainant. Petitioner had nothing to do with the deduction or payment of salary to the complainant as the same was done by the cashier. Since the complainant did not want to repay the loan amount, petitioner had been falsely involved in this case.