MOHAN LAL Vs. STATE

JUDGEMENT

(1.) Criminal Misc. No. 6592M of 1988 has been filed by Mohan Lal alias Mohan Chand petitioner for getting quashed First Information Report No. 50 dated 19th March, 1985 registered against him in Police Station Bhadson, tehsil Nabha, district Patiala under Sections 406 and 408 of the Indian Penal Code. It is alleged therein that at the relevant time, while posted as Secretary of the Chehil Co-operative Agricultural Service, Society, accused-petitioner received Rs. 41,164,09 from various members of the Society towards costs of fertilizer and misappropriated the same. No entry in respect of aforesaid realisation was made either in the passbook of the members or the passbook of the Society.

(2.) Dispute in regard to the alleged recovery was referred to the arbitrator by Assistant Registrar of Co-operative Societies. Who made the award against the petitioner, in all the 11 references detailed in para 5 of the petition during the period 14th January, 1985 to 7th October, 1986. Award in 8 out of 11 references was announced on 14th January, 1985, before lodging of the F.I.R. Appeal filed by the petitioner against the awards aforesaid was also dismissed. It has been stressed in the quashing petition that in view of the award announced by the arbitrator in respect of the same amount, Criminal Prosecution in respect of it cannot proceed with and, therefore, the F.I.R is required to be quashed.

(3.) It has repeatedly been held by this Court in Janak Raj v. The State of Punjab, Harbhagwan Dass v. The State of Punjab, Sawan Ram v. State of Haryana, and Hakam Singh v. State of Punjab, that the award of the Arbitrator is in the nature of a decree which can be executed in a Civil Court and, therefore, it assumes characteristics of civil nature and as such the taking of Criminal Proceedings against the defaulter regarding the same subject matter must be held to be abuse of process of Court in spite of the fact that jurisdiction of Criminal Court to initiate proceedings cannot be disputed. In view of the Arbitrators award the matter has assumed the character of civil nature and as such the F.I.R. in respect of the same matter deserves to be quashed.