Case Details

Citation(s)
1971 SLG 769 1971 SLD 769 1971 PCRLJ 433
Sindh High Court
Criminal Appeal No. 209 of 1967, 13th April, 1970
MUHAMMAD HAQAT, JUNEJO, J

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Syed Hasanhaider

VS

The State

Law:

Section:

Keywords: Determination, Allottee, Receipt, Purpose Of Cheating, Copy, Parties, Forged Document, Certificate, Cheating, Offences, Endorsement, Examination, Change, Information, Consideration, Register, Allotment Of Plot, Guilty, Orders, Sale Deed, Fraud, Imprisonment, Disposal, Defence, Fine, Conviction, Order, Proceedings, False Document, Execution, Modification, Payment, Place, Set Aside, Allotment, False Information, Magistrate, Money, Prosecution, Forgery, Imposition, Cross-Examination, Evidence Result: Sentence modified JUDGMENT Appellant Syed Hasan Hyder has been convicted by Mr. Mirza Arshad Beg, Additional Sessions Judge, Karachi for offences under sections 420, 467, 468 and 471, P. P. C. And sentenced to suffer R. I. For to years and to pay a fine of Rs. 500.00 or in default to suffer R. I. For to months on each count, all the sentences to run concurrently. 2. The prosecution case in brief was that the appellant was at all material times working as Secretary of U. P. Mohajrin Association (hereinafter referred to as the Association). He met complainant Shabir Ahmed P. W. 1 in the year 1960 and asked him to get a plot in the Hassan Colony (hereinafter referred to as the Colony), of which the appellant was the Secretary. The appellant promised that he would get a plot to the complainant for R. 1,050.00 and showed him plot No. 24 on the basis of which the complainant gave him Rs. 750.00 by cheque (Exh. 8) on 2-5-1963 and later Rs. 300.00 by another cheque (Exh. 10) on 8-5-1963, The appellant thereafter gave him the agreement for sale, Exh. 9, executed in his favour by one Saeed Hassan allottee of plot No. 24. This was attested by the appellant before an Oath Commissioner. The complainant was, thereafter given the allotment order, issued originally in the name of Sayed Hassan but plot No. 23 was shown therein instead of plot No. 24. The appellant explained this as being due to change in the K. D. A. Plans. In May 1964 the appellant was suspended from his post and P. W. Syed Taqi Hassan Naqvi brother of the complainant took over in his place. The fraud was discovered only in Decem ber 1963 when the real allottee of the plot, namely, Sayeed Hassan P. W, 5 saw…
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