KARAN LUTHRA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. H. Abraham, learned counsel, appearing for the petitioner and also heard Mr. K. Sunar, learned Addl. P.P., Meghalaya.

(2.) The petitioner has filed this application under Section 482 read with Section 401 and Section 397 of the Code of Criminal Procedure, 1973 for quashing the proceeding in GR Case No. 28(S) of 2007 pending in the Court of the learned Chief Judicial Magistrate, Shillong and also for setting aside and quashing the impugned orders dated 16.09.2008 and 03.11.2008 passed by the learned Chief Judicial Magistrate, Shillong in the said proceeding.

(3.) The facts in brief, for the purpose of disposal of this matter, are that the Government of Meghalaya introduced the State Lottery in 1982 with an object of mobilising additional resources and it appointed the petitioner as Organising Agent by executing an agreement dated 04.06.1982. The said appointment was extended by executing 2 other agreements dated 05.06.1985 and 26.04.1988. The petitioner failed to submit returns of prizes as per the terms/clauses of the agreement. He rather disputed the amount payable to the Govt. An arbitrator was appointed by the Govt. and an award was passed on 03.02.1998 in favour of the Govt. and against the petitioner directing him to pay Rs. 1025.65 lakhs as total dues to the Government, which he failed to pay. The State Govt. filed Money Execution Case, in which the petitioner filed objection by way of filing a Misc. Application in the Court of Assistant District Judge, Shillong. The said Misc. Case was allowed by a judgment and order dated 26.09.2005 setting aside the award dated 03.02.1998. The State of Meghalaya preferred no appeal against the said judgment but lodged FIR on 11.07.2000 against the petitioner.