Law:

Section:

Keywords: Prosecution, Criminal Offence, Procedure, Auction, Evidence, Refund, Criminal Proceedings, Regular Hearing, Copy, Fictitious, Fraudulent, Liability, Not Warranted By Law, Harassment, Contract, High Court, Prima Facie, Criminal Breach Of Trust, Money, Quashment, Civil Liability, Petitioner, Goods, Magistrate, Obligation, Notice, Care, Petition, Jurisdiction, Instances, Inherent Powers, Leave, Proceedings, Repayment, Offences, Prima Facie Evidence, Criminal Liability, Order, Breach Of Contract Result: Proceedings quashed JUDGMENT The petitioners seek a quashment of the proceedings before the learned Sub-Divisional Magistrate, Jacobabad on a private complaint lodged by Abdul Haque son of Rehimbaksb Abbasl (respondent). This complaint, a copy whereof has been placed on the record of this case, purports to have been drawn under section 406/420, P. P. C. The case set up in the complaint briefly is that on 15th of August, 1969 the accused (the present petitioners) who are described in the complaint as fishermen, had gone to Jacobabad and negotiated a sale of fish to the complainant at Jacobabad. The accused, it is alleged, received from the complainant a sum of Rs. 3,000 for supply of fish to him up to 1-9-1969, but no fish was actually supplied. A letter by complainant to the accused did not bring forth any response. The complainant eventually saw the accused at Karachi and discussed the subject with them. They kept him on promises of returning the money but finally informed him that they would neither refund the money nor would supply the fish. Thus it was alleged that the accused had committed offence under section 4 '6/420, P. P. C. within the jurisdiction of the Jacobabad Court. 2. On the basis of the above facts the learned S. D. M. issued bailable warrants of arrest against the petitioners in the sum of Rs. 3,000 each. The petitioners have furnished the required security. 3. The petitioners state that they own a couple of fishing launches which they operate in the Arabian Sea but dispose of their whole catch through public auction carried out by Pathan Mole & Company and that they never deal directly in the sale of fish. They however contend that…

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