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Criminal Miscellaneous No. 85/Q of 1979, decided on 5th May, 1986.
‑‑‑----S. 561‑A‑‑Pedal Code (XLV of 1860), S.420/467/471‑‑Quashing of proceedings‑‑Accused allegedly forging bills and defrauding Bank‑ Preliminary statements of witnesses showing that dispute between parties was not of civil nature as alleged by accused‑ ‑Quashment of proceedings refused.
Qazi Abdul Hayee for Petitioner.
Asad Husain Zaidi for Respondent.
This is a petition for quashment of proceedings pending against the petitioner under section 420/467/471, P. P. C. in the Court of M.I.C., Lahore. These proceedings had been initiated against the petitioner at the instance of the respondent. I have gone through the preliminary statements of Naik Muhammad, Assistant Accountant Neela Gumbad Lahore, as well as of the other preliminary witnesses in this case. In my view the nature of the dispute between the parties does not appear to be civil. The background is that according to evidence brought or the record prima facie the petitioner opened an account with the respondent‑Bank and thereafter went on depositing money or taking out therefrom. In this way when he had taken the Bank into confidence he got the facility of overdraft and then kept on drawing money can O.D. Subsequently, he gave some bills to the Bank and when payment of it was demanded by the Bank from the parties to whom the bills had been sent they informed the Bank that they had not purchased any goods from the petitioner. Thus, the allegation of the respondent prima facie is that the petitioner had forged the bills and in this way defrauded the Bank to the tune of Rs.8,000. Learned counsel for the petitioner argues that the nature of the dispute between the parties is civil B because the Bank still retains three cartons of medicines the value of which is Rs.4,597.75. On the others hand, learned counsel for the respondent‑Bank states that he can take away these cartons but he should pay that what is due to the Bank. Be that as it may, this is not a case in which proceedings can be quashed as such. I am, therefore, dismissing this criminal miscellaneous. The M.I.C., Lahore before whom this matter is pending should proceed with it in accordance with law. The parties should appear before the trial Court on 7‑6‑1986.
H.A.K. Petition dismissed.
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