Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 405 & 408---Criminal Procedure Code (V of 1898), Ss.22-A & 22-B---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Criminal breach of trust---Petitioner's grievance was that despite order of Ex-officio Justice of Peace, SHO Police Station concerned, was not inclined to record his statement under S.154, Cr.P.C., to register the case against respondent---Petitioner's own version that the impugned cheques were given to respondent as security/surety to the employment, had negated his version that same were entrusted to respondent---Breach of any promise, agreement, or contract, would not ipso facto attract the definition of "criminal breach of trust", in terms of S.405, P.P.C.---Prima facie, no cognizable offence, was made out---Petitioner had lodged a suit for declaration with permanent injunction before the civil court with regard to the disputed cheques, which was pending adjudication---Petitioner having already availed the efficacious remedy, petition being not maintainable, was dismissed. Shahid Imran v. The State and others 2011 SCMR 1614 rel. ORDER ABDUS SATTAR ASGHAR, J.---Petitioner joined as sales-officer with the marketing firm of respondent No.2 in the year 2007. Allegedly at the time of appointment petitioner issued two blank Cheques Nos. 0025937 and 0025943 of account No. 20403600000927 in favour of respondent No. 2 as security/surety. On 28-4-2014 respondent No.2 lodged FIR No.326/2014 under section 408, P.P.C. at Police Station Ichhra Lahore against the petitioner alleging criminal breach of trust and misappropriation of entrusted amount of Rs.9,00,000. As counterblast on 29-5-2014 petitioner lodged an application to the CCPO Lahore seeking registration of case against respondent No.2 alleging that aforesaid cheques were entrusted by the petitioner to respondent No.2 who has declined to return the same. Thereafter petitioner lodged an application under sections 22-A and 22-B, Cr.P.C. on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492