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Writ Petition No. 223 of 1985, heard on 11th May, 1985.

---SS. 9 (2), 7 & 8--Constitution of Pakistan (1973), Art. 199 Criminal complaint--Quashment of proceedings--Criminal complaint against petitioners pending before Magistrate---During pendency of complaint petitioner filed 'petition for quashment of proceedings--Held, in case allegations mentioned in complaint arid evidence proposed to be adduced therein remained unrebutted accused/petitioners would be liable to be convicted for offence they have been charged with--Quashment refused in circumstances.

Nemo for Petitioner.

Nemo for Respondents.

Date of hearing: 11th May, 1985.

Registrar Co-operative Societies Lahore Region, Lahore filed a complaint against Messrs "We Brothers Ltd." under section 8 of the Co-operative Societies (Repayment of Loans; Ordinance, 1960, alleging that as they had failed to pay Rs.1,65,686-12-6 as the principal amount and Rs.29,160-15-1 as interest thereon despite notice under section 4(2) of the Ordinance had been served upon them, therefore, the accused/petitioners be punished for having committed offence under section 7/8 of the Ordinance. Mr. S. M. Ismail Magistrate Ist Class, Lahore, who took cognizance of the complaint summoned the accused/ petitioner on 13-6-1964. The case was still pending when the accused/ petitioners filed the instant petition in this Court praying that either the proceedings be quashed or the complainant /respondent be directed to withdraw the complaint.

2. The instant petition was admitted to regular hearing on 16-7-1964 and it was directed that proceedings way continue but final order shall riot be passed meanwhile.

3. The matter has come up for final hearing today after more than 20 years and in spite of the case having appeared in the regular list, no body from the petitioners side or from the respondents' side has appeared. This being the old matter 1 proceed to decide the same.

4. I have gone through the petition and also the documents appended therewith and find that if the allegations mentioned in complaint and the evidence proposed to be adduced, therein remain unrebutted then there are chances of the accused /petitioners being convicted for the offence, they have been charged with. Therefore, I am of the view that this case is not fit for quashment. No matter the case is old but the law must have its course. Consequently this petition being without merit is hereby dismissed. Learned trial. Court shall now proceed with the case and dispose of the same' in accordance with law within. 6 months from the date of receipt of this order.

H. B.T. Petition dismissed.

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