HARBHAGWAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Harbhagwan Dass was the Cashier of the Samrala Patti Kang Cooperative Agricultural Service Society Limited, Samrala, upto June, 1978. Thereafter, for the some time, he functioned as President of this Society. In pursuance of disputes raised by the Society, to which the petitioner was a party, Sardar Singh, Inspector, Cooperative Society was appointed as Arbitrator in accordance with the provisions of the Punjab Cooperative Societies Act. He gave his Award on November 8, 1979 holding that the petitioner was liable to papy Rs. 9,999.80 paise to the Society. Subsequently, on January 31, 1980, the Assistant Registrar Co -operative Societies lodged a First Information Report in Police Station Samrala against the petitioner under section 408 and 477 -A Indian Penal Code regarding the same transaction. The criminal case in pursuance of the F.I.R. is now pending in the Court of Judicial Magistrate, Samrala.

(2.) IN this petition under section 482, Code of Criminal Procedure, the proceedings in pursuance of the F.I.R. are sought to be quashed by the petitioner on the plea that after the award was given against him, the matter assumed character of civil nature as such the proceedings pursuant to the F.I.R. are abuse of process of court.

(3.) 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 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 this court in Janak Raj v. State of Punjab, 1979 CLR 236.