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Criminal Miscellaneous Appeal No. 773/B of 1975, decided on 6th August 1976.
S. 561‑A‑Quashment of proceedings‑Complainant admittedly selling 1500 cotton bales to petitioner's firm; receiving 90 % of its value while agreeing to receive 10 % of sale price later on‑Com plainant, however, charging petitioner of having retained agreement deed as well as outstanding sale price‑Case, held, one of purely civil nature‑Proceedings quashed, in circumstances.‑[Quashment of proceedings].
Sh. Maqbool Ahmad II for Petitioner.
Major Ehsan Lodhi for Wasim Sajjad for Respondent No. 1.
Date of hearing: 27th January 1976.
Mohammad Bashir filed this petition under section 561‑A, Cr. P. C., for quashing the proceedings of case titled Mohammad Iqbal v. Mohammad Bashir, under section 406/420, P. P. C., pending in the Court of Magistrate 1st Class, Multan.
2. Muhammad lqbal, Manager, Hilal Ginning and Oil Mills, 46‑Hassan Parwana Colony, Police Station, Haram Gate, Multan, filed complaint against Mohammad Bashir Proprietor Messrs Mohammad Amin, Mohammad Bashir Limited, III Floor, Cotton Exchange Building, I. I. Chundrigar Road, Karachi, on 3‑7‑1975, under section 406/420, P. P. C. on the allegations that Mohammad Bashir accused met the complainant at Multan and entered into a contract for the purchase of 1500 bales of cotton and the contract was reduced into writing ; that the accused intentionally played fraud with him (complainant) by asking him to hand over three copies of the contract, one of which was promised to be 'returned after it was duly stamped ; that he supplied 1500 bales of cotton to the accused who paid 90 % of the value at the spot and kept the remaining 10 % sale price as Amanat ; that the accused did not return the original contract in spite of demand and later refused to return the 10% amount, which was Rs. 1,36,088.82.
3. The learned Magistrate after recording the statements of Mohammad Iqbal, Mian Maqbool Ahmad and Mohammad Javid, issued process against the petitioner under section 406/420, P. P. C. vide his order dated 3‑7‑1975.
4. It was maintained by Mohammad Bashir petitioner accused that Messrs Mohammad Amin, Mohammad Bashir Limited entered into a contract for the purchase of cotton through their Manager at Multan and the agreement was sent to him at Karachi for signatures; that Mohammad Iqbal filed complaint maliciously by stating that he (petitioner) had visited Multan and entered into a contract for the purchase of 1500 bales of cotton that the contract was on the printed form of the petitioner's company and the story that it was taken away by him for affixing stamp, was patently false ; that the version of payment of 90% at the spot was false, the amount was paid through cheques issued by Mian Mohammad Arshad representative of Messrs Mohammad Amin, Mohammad Bashir. The petitioner gave the numbers of the cheques, the dates and the amounts in ground "g" of the petition.
5. Mohammad Iqbal complainant is a resident of Multan, while Bashir petitioner resides in Karachi. The petitioner filed a photo-state copy Annexure 'A' of the agreement deed. It is on a printed form. It is mentioned against condition No. 8 that 90% had been received and 10% would be received after fixation. I need not to enter into the details as to whether or not Mohammad Bashir had met Mohammad Iqbal at Multan and had entered into a contract for the purchase of 1500 bales of cotton. It is to be seen if from the contents of the complainant, any offence is made out. The complainant admitted that he had sold 1500 bales of cotton to Mohammad Bashir and received 90% of its value at the spot. He further admitted that an agreement was reduced into writing. As per condition 10 % of the sale price of cotton was to be received later. In case there is any dispute about the remaining amount that is a civil liability. It is not apparent from the contents of the complainant that the intention of Mohammad Bashir in the beginning was to cheat. No person can be dragged into a criminal Court for a civil liability. Both the offences were cognizable, but the complainant did not move the police for the registration of the case. Since the case is purely of civil nature and from the contents of the complaint, no criminal case is made out, I accept this petition and quash the proceedings.
Proceedings quashed.
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