Law:

Section:

Penal Code (XLV of 1860)-- S. 420Cheating -Respondent floating a company, inviting verified claim holders to get property 9n lieu of claim through said company, -Petitioner entrusting his compensation books to company for getting specified flats, flats obtained by company but not transferred to -Petitioner as promisedConduct of -Respondent though not above board, yet, held, dispute one of civil natureQuestion whether -Respondent committed any offence of cheating in respect of compensation books doubtful. ORDER WAHEEDUDDIN AHMED, J. The -Petitioner filed a complaint against -Respondent No. 2 for the offence of cheating under section 420, P. P. C. The matter was heard by A. C. M., Karachi and the learned Magistrate acquitted him of the criminal offence on the ground that the case was of a civil nature. The -Petitioner challenged this order before the learned Sessions Judge, Karachi. The learned Additional Sessions Judge, on the 9th July 1971, referred the matter to the High Court of Sind Baluchistan, Karachi, under section 438, Cr. P. C. and recommended that the order of the acquittal of -Respondent No. 2 be set aside. The Criminal Reference No. 44 of 1971, arising out of it, came for hearing before a learned Single Judge of the High Court and by order dated the 16th January 1974, the High Court, finding no justification for accepting the reference, rejected it. The -Petitioner seeks permission to file an appeal against the said order. The allegation against -Respondent No. 2 is that he had started a private limited Company named and styled as M/s. The Claims Settlement Corporation Limited and had advertised in the newspapers that any person holding verified claim compensation book could get the property in lieu of their claims through the Corporation. The -Petitioner approached -Respondent No. 2 and entrusted to him the compensation books of himself and his brother for getting the flats Nos. 6 and 11 in…

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