MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused petitioners, seeking quashment of the case bearing FIR No. 122 dated 2.8.2001 under Sections 406/420 IPC, registered in PS City Muktsar on the ground that the matter was already pending adjudication before the Arbitrator.

(2.) THE aforesaid FIR was got registered by the District Manager, Punjab State Civil Supplies Corporation, Muktsar (hereinafter referred to as PUNSUP) against the petitioners. It was alleged in the said FIR that M/s Raman Rice Mills, Muktsar (of which the petitioners are partners) had agreed to shell paddy of PUNSUP and to deliver the rice after shelling to Food Corporation of India (FCI). It was alleged that agreement was entered into between the parties in this regard. It was alleged that upto 17.2.1997, M/s. Raman Rice Mills, Muktsar was entrusted 78389 bags of fine Grade-A paddy against various receipts and that the yield of rice from the find Grade-A paddy was 67% and in this manner, M/s Raman Rice Mills was to deliver 33226.85 quintals of Grade-A rice to the FCI till 28.2.1998, which date was extended upto 31.8.1998, on behalf of PUNSUP. It was alleged that M/s Raman Rice Mills had delivered only 21028.23 qunitals of rice to FCI on behalf of PUNSUP. It was alleged that stocks of paddy entrusted and lying in the premises of M/s Raman Rice Mills was physically verified on 9.7.1998 by the field staff in the presence of representatives of the said firm. It was alleged that as per the said verification shortage of 22648 bags (of paddy) was found. It was also reported that the said firm was selling the stocks of the paddy unauthorizedly and was also preparing rice which was not as per the specifications. It was alleged that in this manner, M/s Raman Rice Mills had deliberately, dishonestly and wilfully mis-appropriated, embezzled and committed criminal breach of trust by removing 23122 bags of PUNSUP paddy unauthorizedly and had milled unauthorised rice which was not as per the specifications. It was alleged that the field staff had also reported that M/s Raman Rice Mills, Muktsar had delivered 18 wagons of rice in the account of M/s Jagjit Rice Mills to the FCI. It was alleged that the total shortage of paddy, which had been embezzled by the said firm, would come to 16813 bags i.e. 10928 qunitals 45 kilograms, valued at Rs. 61,25,286/- including the cost of the gunny bags.

(3.) IN the present petition filed by accused petitioners, seeking quashment of the aforesaid FIR, it has been alleged that no offence under Section 406/420 IPC was made out, inasmuch as there was an arbitration clause in the agreement arrived at between the parties and that the matter was already pending before the Arbitrator in this regard and as such the FIR in question may be quashed.