AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIK Singh, petitioner, was appointed Incharge of the Sale Centre of PUNSUP, i.e. the Punjab State Civil Supplies Corporation Ltd. It seems that during his tenure, certain shortages came to light which were gone into by a Committee appointed by the Management. The Committee included two representatives nominated by the petitioner. Ultimately, a shortage of Rs. 1,79,208.85 was found. The Corporation instituted a civil suit against the petitioner on 21-1-1986 which is Annexure P-2. The Corporation, also lodged an FIR No. 65 dated 13-8-1987 at Police Station, Bareta, District Bhatinda, under section 408, IPC. Through this petition under section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the FIR and proceedings taken thereon.

(2.) THE main contention of learned counsel for the petitioner is that the allegations made against the petitioner are of a civil nature and in fact the Corporation chose to have the civil remedy by filing a suit much prior to the lodging of the criminal report. He placed reliance on a number of decisions of this Court, which are -

(3.) IT is settled law that jurisdiction under section 482 of the Code is used sparingly and only for the purpose of preventing abuse of the process of the Court. No case having been made out, the petition is dismissed.