Find a Lawyer

Criminal Miscellaneous No. 288/Q of 1976. heard on 12th November 1976.

‑‑ S. 561‑A ‑ Quashment of proceedings ‑ Complaint showing petitioner's father and his Munshi, receiving certain sums by cheques issued in their names as earnest money, for supplying bricks but neither bricks supplied nor money returned to complainant‑Both petitioner's father and his munshi, dying before institution of complaint‑Trans action, held, purely of civil nature and no offence made out qua petitioners, in circumstances‑Proceedings quashed.

Ch. Ghulam Sarwar for Petitioner.

C. M. Ishaque for Respondent.

Date of hearing : 12th November 1976.

Muhammad Yunas petitioner has come up under section 561‑A, Cr. P. C, for the quashment of the case pending against him under section 466/420 P. P. C. in the Court of Mr. Muhammad Rafiq Magistrate 1st Class, Lahore on the complaint of Mahboob Hussain Janjuha.

2. The main submission on behalf of the petitioner is that a purely civil nature transaction between the petitioner and the complainant has been put up before a criminal Court; although the petitioner was not criminally liable for any offence.

3. Mahboob Hussain complainant alleged that in 1964, he entered into an agreement with Muhammad Sharif and his sons for obtaining bricks at the rate or Rs. 45 per thousand from their brick‑kiln. Noor Hussain Shah was the Munshi of the petitioners' company and on the asking of Muhammad Sharif, the complainant issued a cheque of Rs. 3,000 in favour of Noor Hussain Shah, which was cashed by Muhammad Younas petitioner (son of Muham mad Sharif). Later, on the 18th of November, same year, petitioners and their Munshi Noor Hussain Shah demanded Rs. 4,000 more which amount was also paid on 19‑11‑64 and a receipt was obtained. The grievance of the complainant is that neither any bricks were supplied to him nor the earnest money was returned to him.

4. Learned counsel for the respondent‑complainant tried to make out a case of mis-representation and fraud by urguing that the petitioners did not own any brick‑kiln ; but they made the complainant believe that the petitioner is an owner of one and upon this misrepresentation, he entered into the transaction and parted with the earnest money. This however, is not the case of the complainant. In his statement, the complainant admitted that Muhammad Sharif (since dead) and his two sons Akbar and Younas carried out the business and Noor Hussain Shah was their Munshi. It may also be mentioned at this stage that the cheque was issued in the name of Noor Hussain Shah who has since died. Muhammad Sharif is also said to have died. The complainant does not disclose the commission of any criminal offence in so far as the petitioner is concerned because the cheque was never issued to him. From the facts as they appear in the complaint and in the statement of the complainant. I am of the view that it was a purely civil nature transaction. This petition is, therefore, accepted and the proceeding against the petitioner are quashed.

Proceedings quashed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.