SUBASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.325 dated 14.9.2007 under Sections 420/ 409 of the Indian Penal Code ("IPC" for short) registered at Police Station Pehowa (Anenxure P-1) as well as orders dated 5.10.2010 (Annexure P-5 and P-6).

(2.) Learned counsel for the petitioner has submitted that no criminal offence could be said to have been committed by the petitioner. The dispute between the parties could be said to be purely civil in nature as there was an arbitration clause in the agreement at the time of handing over the paddy by the complainant to the miller for shelling. Suit for recovery of the amount in question had also been filed by the complainant against the accused.

(3.) Petitioner had paid the amount in question by way of cheques to respondent No.2 but the same had bounced. Criminal proceedings with regard to bouncing of the cheque were pending against the petitioner.