NATHU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . The amount of Rs. 43717.50 covered by the seven awards so far made by the arbitrator against the petitioner in Criminal Misc. No. 3833-M of 1990 having been deposited by the petitioner, First Information Report No. 123 dated 3rd August. 1985 registered against him in Police Station, Sardulgarh, Tehsil Mansa, District Bhatinda under Section 409 of the Indian Penal Code is quashed on account of the charge against the petitioner having been rendered groundless. The occurrence is of the period 12th September, 1980 to 30th July, 1983.

(2.) IT has been held by this Court times out of number in Janak Rai v. The State of Punjab, 1979 Chandigarh Law-Reporter 236; Harbhagwan Dass v. The State of Punjab, 1983(2) Recent Criminal Reports 156 and Gurcharan Singh v. State of Punjab, 1988(2) RRR 215 (P&H) : 1988 Chandigarh Criminal Cases 507. "I have heard the learned counsel for the parties and in my view. this petition deserves acceptance. The award of Arbitrator is in the nature of a decree which can be executed in a Civil Court. The matter which culminated in the award has, therefore, assumed characteristics of civil nature and the taking of criminal proceedings against the defaulter regarding the same matter must be held to be abuse of the process of the Court in spite of the fact that the jurisdiction of Criminal Court to initiate such proceedings cannot be disputed. Similar view has already been taken by the court in Janak Raj v. State of Punjab, 1979 CLR 236.

(3.) FOR the aforesaid reasons this petition is allowed and the criminal proceedings initiated against the petitioner in pursuance of the aforesaid First Information Report are quashed.