N.K.KAPOOR, J. - (1.) PETITIONER seeks quashing of FIR No. 21 dated 30.4.1993 under sections 403, 465 and 468 of the Indian Penal Code, Police Station Sadar, Kot Kapura.
(2.) PETITIONER seeks quashing of the aforesaid first information report on the ground that the same has been lodged after inordinate and unexplained delay of eight years. According to the petitioner, as per version in the FIR, the petitioner is alleged to have embezzled some amount in the year 1985-86 whereas the FIR has been registered in the year 1993 and that too without any explanation. Secondly, since the award dated 17.3.1992 has become final between the parties, the same allegation cannot be made basis for criminal prosecution. Pursuant to the notice of motion issued by the Court, reply has been filed by the respondents. It has been stated that the FIR was lodged after giving full time for consideration to the petitioner who, in fact, appeared along with his lawyer on some of the dates and later on seeing that embezzlement is fully justified did not attend the Court of Arbitrator. In fact, the factum of embezzlement of amount of the Co-operative Society came to light while audit of Society was being conducted. This is how the matter was reported to the Assistant Registrar who determined the amount as an Arbitrator at Rs. 29,466/-. The Assistant Registrar simultaneously sent a communication to the Senior Superintendent of Police for filing an FIR on 11.1.1988.
(3.) THE first submission of the learned counsel for the petitioner is that the FIR could not be registered till a liability has been fastened by an award or decree of the Court. Since in the present case, the Assistant Registrar sent a communication to the Senior Superintendent of Police for filing of the FIR on 11.1.1988 i.e. before the decision of the Arbitrator dated 27.6.1988, the same is liable to be quashed on this ground alone. Reliance was placed on the decision in case reported as Kartar Singh v. State of Punjab, 1994(1) RCR 623.;