SUKALURAM GOND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has challenged the Order dated July 13, 1990 of the High Court of Madhya Pradesh at Jabalpur in Misc. Crl. Case No. 1054/90 passed under section 482 of the Code of Criminal Procedure 1973 quashing the proceedings of the Judicial Magistrate, First Class, Dhamtari, dated September 7, 1989 in Crl. Case No. 943/89 registered under section 397 read with S. 34 I.P.C. While S.L.P. (Crl.) No. 1971/90 is pending, by consent of parties, this Court on August 1, 1991 made a reference to Justice Shiv Dayal (retired Chief Justice of the Madhya Pradesh High Court and a Senior Advocate of this Bar) to adjudicate the disputes thus:

(2.) THE Arbitrator entered upon the reference within the time and gave his award on December 31,1992 holding thus:

(3.) IT is contended by Shri C.L. Sahu, learned counsel for the petitioner that when the issues were settled by the Arbitrator with consent of parties including Anoop Chand, they have agreed for reference of the specified issues as indicated in para 1.2 of the Award, to be decided including the additional issues, sought to be raised but given up, the Arbitrator found from the dispute as disclosed from the evidence placed before him that Basant Kumar was a Managing agent of the petiitoner and that, they are entitled to the amount awarded under the Award. Anoop Chand was found liable to pay the amount under the hire purchase agreement and that, therefore, the Arbitrator was justified in granting the amount.