TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has prayed for quashing of FIR (Annexure P-1).

(2.) BRIEFLY , the facts of the case are that the District Manager of the Punjab State Warehousing Corporation (for short the Corporation), Ferozepur entered into an agreement with the petitioner for de-husking the paddy. The agreement was signed on 9.10.2003. As per the agreement, the petitioner was to de-husk the paddy and return the same to the Corporation. As the petitioner failed to return the paddy, de-husked by him, therefore, the present FIR (Annexure P-1) was registered against him on a complaint filed by Gurmeet Singh, District Manager of the Corporation, Ferozepur under Section 406 IPC.

(3.) A perusal of clause 22 of the agreement shows that in case of any dispute between the rice miller and the procuring agency, the Managing Director of the Corporation will offer an opportunity to the miller to present his case in respect of dues and the decision of the Managing Director shall be final. It has further been mentioned in the clause that in case of dispute, the matter would be adjudicated by the sole arbitration of the Managing Director or his nominee whose decision shall be final and binding.