MAHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAHA Singh-petitioner worked as a Secretary the Butana Kundu Co-operative Credit and Service Society Limited, Butana from 2.12.1988 to 30.6.1989. When he handed over the charge to Shri Inder Singh, Secretary, it was found that he embezzled an amount of Rs. 1,71,460/- while making receipt entries in the cash book on various dates and by showing wrong total. A letter was written to Station House Officer, Police Station, Baroda District Sonepat for registration of a case against Maha Singh on the basis of which case FIR No. 127 under Sections 406/409/467 of the Indian Penal Code was registered at Police Station Baroda against the petitioner on 10.6.1992. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the above referred First Information Report and all further proceedings arising therefrom.

(2.) THE petitioner alleged in the petition that before the matter was reported to the police arbitration proceedings were initiated against him by the Butana Kundu Cooperative Credit and Services Society, under the Haryana Co-operative Societies Act, 1984 before Deputy Registrar, Co-operative Societies, Rohtak who announced the award on 31.7.1990 directing him to pay the principal amount of Rs. 1,53,915.80 and Rs. 17,544.12 as interest within a period of 60 days. It was further directed that the society will be at liberty to arrest him and to attach his movable and immovable property till payment. Since the matter had been decided by the Arbitrator, the complainant society was in a position to recover the amount and registration of the criminal case against him on the basis of the same set of facts was an abuse of the process of the court.

(3.) I have heard the counsel for the parties.