GURCHANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN an execution application filed under Order 21 Rule 11 of the Code of Civil Procedure, certain properties including one buffalo belonging to one Sucha Singh was given on sapurdari to the petitioner on October 21, 1990. It is the case of the petitioner that the buffalo died on October 17, 1991 and as such, it could not be produced in Court. The Additional District Judge, Patiala, nevertheless ordered that an F.I.R. under Section 409 of the Indian Penal Code be registered against the petitioner. On this, the petitioner made yet another application on December 9, 1993 that he was willing to hand over another buffalo and in the alternative, he was ready to pay the price of buffalo that had died. When the offer was not accepted and the case under Section 409 of the Indian Penal Code was ordered to proceed, the petitioner has approached this Court for quashing of the proceedings. Primary, reliance has been placed by the learned counsel for the petitioner on Annexure P-1 an application dated December 7, 1991, in which it has been mentioned that the buffalo had died on October 17, 1991 and that he was willing to hand over another buffalo in place of it or the price thereof. It has been urged by the learned counsel that the F.I.R. was ordered to be registered in 1993 and as such, it is apparent that no case was made out, as the buffalo had died in 1991 and this fact has been intimated to the Court. Reply has been filed on behalf of the respondents and the veracity of Annexure P-1 has not been denied. It is, therefore, apparent that the buffalo had in fact, died on October 17, 1991. Moreover, the petitioner himself has shown his bonafide as he had agreed to replace the buffalo or pay the price in lieu thereof.

(2.) KEEPING in view the facts and circumstances of the case and in the interest of justice, this petition is allowed and order Annexure P-1 is quashed provided the petitioner replaces the buffalo that was given to him on sapurdari and for that purpose, the Decree Holder Smt. Pritam Kaur, widow of Sucha Singh is entitled to visit the residence of the petitioner, to select a buffalo of her choice, the selection to be made within two months from today. Petition allowed.