KASHMIRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Kashmira Singh was serving as Secretary-cum-Cashier of Kanganwal Co-operative Agricultural Service Society Ltd., in district Sangrur in the year 1984. In arbitration references under section 55 of the Punjab Co-opeartive Societies Act, 1961 detailed in para 2 of Cr. Misc. No. 3926-M of 1988, the arbitrator gave in all ten awards amounting to Rs. 36,879/- against him. Petitioner has preferred appeals against these awards in terms of section 68 of the Act aforesaid; which are still pending.

(2.) INSPECTOR incharge of the Co-operative Societies in connivance with its management who are allegedly hostile to the petitioner, got First Information Report No. 91 registered in Police Station Ahmedgarh against the petitioner on May 19, 1984 in respect of the amounts covered by the arbitration awards. On the basis of it a challan has been put up against the petitioner in the court of Shri P.C. Suman, Sub Divisional Judicial Magistrate, Malerkotla A copy of the charge framed against the petitioner by the learned trial court has been filed as Annexure P. 3 to the petition.

(3.) IT has been urged in the petition that through these reference to arbitrator and the pronouncement of awards by the arbitrator in respect of it, the dispute has assumed a civil character and, therefore, the jurisdiction of the criminal court to try the petitioner is ousted thereby. The lodging of the First Information Report in respect of it and the resultant criminal prosecution of the petitioner on its basis are, thus a clear abuse of the process of the court which needs to be checked by quashing of First Information Report No. 91 dated May 19, 1984 and the resultant criminal prosecution launched against the petitioner on its basis.