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Criminal Miscellaneous Application No. 582 of 1986, decided on 30^th March 1987.

---S.561-A--Penal Code (XLV of 1860), Ss. 406 & 420--Quashing of proceedings before process issued on private complaint--Allegations appearing absurd and false--No criminal case made out from complaint or statements of witnesses--Accused requiring money for carrying on his business--Even if accused failed to pay amount, no criminal offence, was made out against him and the complainant could seek his civil remedy--Proceedings quashed and trial Court directed to be careful r in issuing processes in such cases.

S. Nasirudin for Applicant.

Imam Bux Shaikh for Respondents.

Date of hearing: 30th March, 1987.

The applicant has filed this application under section 561-A, Cr. P. C. for quashment of direct complaint filed by one Muhammad Yaqoob respondent No. 2 against him, under section 420, P.P.C. pending before Additional District Magistrate, Jacobabad.

The brief facts of the case are that one Mohammad Yaqoob s/o Kadir Bux filed a direct complaint under Section 406/420, P.P.C. before the Additional District Magistrate Jacobabad inter alia alleging therein that the accused is known to him and that they used to visit each other on ceremonial occasions, and that accused is a business man. That about two months before filing of the complaint the accused went to Jacobabad and told the complainant that he was in need of Rs. 50,000 and, therefore, he asked the complainant to give him the said amount as "AMANAT" and he will return .the same whenever demanded. The complainant gave Rs. 50,000 to the accused in presence of witnesses. About a month later the complainant went to the accused and demanded money from him, and the accused kept him on false hopes, and ultimately refused to return the amount, and, therefore, the complaint was filed.

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It may be mentioned here that no date is mentioned in the complaint as to when it was filed before the learned Additional District Magistrate. The record shows that the complainant was examined on 3-4-1986, and the learned Magistrate ordered that P.E. be held at the first instance and the matter was adjourned to 7-4-1986. That on 7-4-1986 one Daim s/o Rahmatullah was examined, who stated that about two months back he had gone to Mohammad Yaqoob Khoso where Abdul Aziz was also present. Abdul Aziz demanded Rs. 50,000 from Mohammad Yaqoob Khoso for his business and told him that the amount will remain as "Amanat" with him and he will return the same after some-time. Thereafter, the complainant paid him Rs. 50,000 but the accused has failed to pay the same in spite of demand, by the complainant. The Magistrate after recording evidence of P.W. Daim issued process under section 420, P.P.C: and bailable warrants in the sum of Rs. 5,000 were issued against the applicant.

The contentions of Mr. S. Nasiruddin is that the case against the applicant is false and has been filed at the instance of one Haji Liaquat and his relations, as there was dispute between the parties over business dealings. That Haji Liaquat and his father Haji Usman have business in Grain Market Shikarpur, and it is at their instance that the present false case has been filed against the applicant. That it has been further contended that even from the complaint no criminal offence is made.

Mr. Imam Bux, learned counsel appearing for the State contended that from the contents of the complaint and evidence of P.W. Daim no criminal case was made out, and, therefore, he cannot defend the order of issuance of process against the applicant.

I have considered the contentions of the learned counsel appearing for the applicant as well as for the State. The allegations in the complaint on the face of it appears to be absurd and false. In any case, the contents of FIR, the statement of complainant Mohammad Yaqoob Khoso, and witness Daim do not make out any criminal offence against the applicant, inasmuch as even according to the complaint and the statements of complainant and P.W. Daim the applicant was in need of money and he wanted Rs. 50,000 for carrying on his business. Even if this fact is assumed to be correct, yet if the applicant failed to pay the amount, at the most the complainant could seek civil remedy against him and no criminal offence was made out.

Under these circumstances, I quash the proceedings pending before the Additional District Magistrate, Jacobabad in case No-17 of 1986 Mohammad Yaqoob v. Abdul Aziz under section 420. P.P.C.

The Additional District Magistrate is hereby warned to be careful in future in issuing process in such a direct case/complaint.

S.A./A-157/K Proceedings quashed.

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