Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 406 & 420---Criminal breach of trust, cheating and dishonestly inducing delivery of property---Complainant lodged F.I.R. that he purchased a flat from accused and made payment, but he sold said flat to third party against high price---Contention of accused was that dispute between the parties was purely of civil nature as complainant had purchased the flat from him and made part payment but had cancelled the booking of the subject flat---Counsel for the complainant did not controvert said submission of counsel for accused, and had admitted that the dispute between the parties was that of civil nature---Complainant had further admitted that he had received back the amount payed by him to accused for booking of flat in question---Appellate Court had acquitted the accused of the charge under S.420, P.P.C. but maintained conviction under S.406, P.P.C. making some observations, which observations appeared to be misinterpretation of S.406, P.P.C.---Amount paid by complainant was against purchase/ booking of flat under certain terms and conditions, enumerated in the agreement; and violation of any term and condition of agreement would constitute a dispute of civil nature and not a criminal case---Even if it was taken into consideration that besides the case of civil nature, the ingredients of criminal offence were attracted, preference be given to civil court to decide the controversy between the parties regarding the disputed facts---Impugned being outcome of misinterpretation of law, was liable to be set aside---Conviction and sentence awarded to the accused by the Trial Court, and upheld by the Appellate Court, were set aside and he was acquitted of the charge under S.406, P.P.C. Badaruddin v. Mehr Ahmed Raza, Additional Sessions Judge, Jhang and 6 others PLD 1993 SC 399; Jamot Ghulam Muhammad and others v. The State 1972 PCr.LJ 1130; and Khan alias Khanu and others v. The State 1989 PCr.LJ 1883 rel. THIS ORDER PASSED BY: FAROOQ ALI CHANNA, J.--- The applicant was convicted under section 420/406 P.P.C by learned VIIth Civil Judge/Judicial Magistrate (South) (hereinafter referred to as trial court) in Criminal Case…

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