DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh, petitioner No. 1, is Ex-President of the Managing Committee of the Burj Hanumangarh Co. Operative Agricultural Service Society, Burj Hanumangarh tehsil Fazilkal while Sukhdeep Singh and Hari Singh, petitioners Nos. 2 and 3, are the Ex/ Members of the Managing Committee of that Society. These three petitioners through this petition filedunder S.482 of the Code of Criminal Procedure 1973, seek the quashment of the proceeding,, in case bearing first information report No, 171 dated 3-8-1989 registered against them along with others for offences under Ss. 408, 409, 465, 468 and 471 read with Section 120-B of the Indian Penal Code a. Police Station Sadar Abohar, inter alia, on the ground that since the Arbitrator appointed under S. 56 of the Punjab Co-operative Societies Act, 1961, has given award exonerating these petitioners from the above referred charges, the continuance of thecriminal proceedings is in abuse of the process of the Court as the judgment of the Civil Courtis binding upon the Criminal Court.

(2.) In the Return filed by Iqbal Singh Station House Officer, Police Station Sada Abohar, on behalf of the respondents, it is stated that the awards of the Arbitrator under S. 56 of the Punjab Co-operative Societies Act are of no consequence as therein the liabilities of the petitioners having signed the loan papers has not been discussed at all. It is further stated that the award of an Arbitrator under S. 56 of the Punjab Co-operative Societies Act cannot be equated with the judgment of the Civil Court as this award has been deemingly treated as decree for the purposes of its execution etc.

(3.) The resume of relevant facts figuring in the first information report, based upon the audit report, copy Annexure P-1, and reproduced in the petition reads as under: