MADHUKAR S. PARANJAPE AND ANOTHER Vs. VASUDEV S/O PADAPPA HANJI (SINCE DECEASED) BY HIS L.RS AND ANOTHER

JUDGEMENT

(1.) - Accused 2 and 3 in CC No. 480 of 2005, have come in this petition seeking to quash the order dated 5-6-2014 in rejecting their application filed under Sec. 245 of the Code of Criminal Procedure, 1973. In the said application they had sought for their discharge of the offences punishable under Sections 418, 464, 465 and 471 read with Sec. 34 of the Indian Penal Code, 1860.

(2.) Brief facts leading to this petition are as under:

(3.) The primary dispute is whether arbitral agreement was drawn on 18-8-2004 or on 28-8-2004. According to the complainant, arbitration agreement was entered into between the parties on 18-8-2004 whereas the contention of accused 1 to 3 is, it was on 28-8-2004. When the Arbitration Tribunal started hearing the dispute between the parties i.e., the complainant and the first accused, after 7th hearing, certain disputes arose between the parties with reference to the arbitration proceedings. Thereafter, it is stated that letters were written to the Arbitrators not to proceed with the matter and to stop the proceedings and letters were also exchanged between the complainant and first accused for appointing fresh Arbitrators to proceed with the matter.