NAVEEN SHANKER JOHARI Vs. STATE OF RAJ.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 20.1.2012 passed by the learned Judge, Special Court, Scheduled Caste & Scheduled Tribes (Prevention of Atrocities Cases), Ajmer whereby charges have been framed against the present petitioner for the offences under Sec. 3(1) (viii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The short facts of the case are that respondent no.2- complainant has filed the complaint against the present petitioner for the offence under Sec. 3(1)(viii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act alleging therein that the petitioner has induced his wife Saroj and some cheques and property papers have been taken from them. Thereafter, to settle the dispute, the complainant-respondent issued the cheque dated 6.8.2009 of Rs. 3,00,000.00. The accused promised to return the entire property documents and the cheques signed by the wife of respondent no.2. Thereafter, the present petitioner refused to return back the property documents and cheques and lodged the false complaint under Sec. 138 of the Negotiable Instruments Act against the respondent. On this, the complaint has been forwarded under Sec. 156(3) Cr.PC. and the police filed a challan. The trial court has framed the charges against the present petitioner assuming that the present petitioner has falsely lodged a complaint against respondent no.2 and it amounts to an offence under Sec. 3(1) (viii) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The only contention of the present petitioner is that the complaint under Sec. 138 of the Negotiable Instruments Act is still under consideration before the competent court and at this stage it cannot be said that the false or vexatious complaint has been filed and hence the proceeding under Sec. 3(1)(viii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Cases) Act could not be continued against him.