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Criminal Revision Application No. 38 of 1972, decided on 7th March 1972.

---S. 407/109-Criminal breach of trust-Accused truck owner charged for misappropriation of goods entrusted for transportation-Neither F. I. R. disclosing name of accused nor entrustment of property to accused proved-Complainant found to have filed civil suit also for recovery of money-Accused in circumstances, held, rightly discharged-Criminal Procedure Code (v of 1898), S. 439.

Makhdum Sharif for Applicant.

This application under section 439, Cr. P. C. is directed against the order dated the 25th of August 1971, passed by III Additional Sessions Judge, Karachi, whereby he dismissed the revision application against the order of Additional City Magis trate Court No. 23, Karachi, dated 22-9-1969 in case State v. Goher Rehman and another under section 407/109, P. P. C. discharging respondent No. I while the other accused still remained absconding.

2. The facts may briefly be stated that respondent No. 1 Goher Rehman being the owner of Truck No. RI-5214 and Taj Mohammad was his driver. It is alleged that on 31st August 1967, Allah Ditta, Manager of Seven Star Goods Transport Company, Karachi, entrusted five boxes of K-2 cigarettes and one box of Red & White cigarettes to the respondent for onward transmission to the upcountry but the respondent it is alleged did not deliver the goods and misappropriated the same. A report was filed with Kharadar Police Station by Allah Ditta. The case was investigated and a challan was presented before the Illaqa Magistrate, who after examining the prosecution witnesses came to the conclusion that the prosecution has not adduced sufficient evidence against the respondent No. 1 particularly so that his name is not mentioned in the F.I. R.

3. The learned Additional Sessions Judge in revision came to the conclusion that there was not sufficient evidence against the respondent and he observed that the only witnesses who have stated that the goods were entrusted to the respondent were Allah Ditta, Manager of Seven Star Goods Transport Company, Karachi, Muhammad Aslam, a clerk of the same company and Kamaluddin, driver of that company but Allah Ditta in his cross-examination admitted that he had not named Gohar Rehman whom he had entrusted the goods, Even the letters produced by him in Court did not disclose the name of Gohar Rehman whom he had entrusted the goods, receipt is Exh. 1/A. He also did not believe witness Muhammad Aslam because he did not state before the police that when the goods were loaded in the Truck, Gohar Rehman was present and he disbelieved Kamaluddin, P. W. also on the same ground. It was admitted by Faridullah that Seven Star Goods Transport Company have filed a civil suit for the recovery of money from respondent Gohar Rehman and this was one of the additional grounds for rejection of the revision application by the learned Additional Sessions Judge, Karachi, on my enquiry the Advocate for the applicant admitted the factum of pending civil suit.'

4. In view of the admittedly pen mg civil suit filed by the applicant against the respondent as well as insufficiency of evidence before the Court below I do not see that any useful purposes will be served to accept this application as the applicant will have his remedy in due course from a competent civil Court. The criminal Courts are not to be used to settle civil disputes between the parties and this has been repeatedly held by this Court as well as by their Lordships of the Supreme Court.

5. The result is I dismiss this application in limine.

Appeal dismissed.

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