Case Details

Citation(s)
1976 SLG 1070 1976 SLD 1070 1976 PCRLJ 800
Sindh High Court
Criminal Miscellaneous Petition No. 484 of 1975, 1st October, 1975
ZAKAULLAH LODHI, J

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S. M. Hassan

VS

The State And Anothr-

Law:

Section:

Keywords: Evidence, Parties, Procedure, Verification, Bona Fide, Criminal Offence, Illegal, Suit For Recovery, Proceedings, Prosecution, Loan, Departmental Action, Guarantee, Trading, Quashment, Offences, Copy, Proprietor, Outstanding Amount, Civil Court, Petition, Period, Recovery, Trade Union, Loans, Manager, Money, Guarantor, Criminal Proceedings, Charge-Sheet, Investigation, Suit For Recovery Of Loan, Relief, Office, Petitioner, Delivery, Grounds Result: Proceedings quashed JUDGMENT The petitioner has filed this petition under section 561-A, Cr. P. C., seeking quashment of the proceedings pending against him in the Court of Special Judge, Central, Karachi, under sections 409, 471 and 477-A, P. P. C., read with section 5(2) of r-ct 11 of 1947. 2. Briefly narrated, the facts forming the background of this case are that the petitioner was an officer serving National Bank of Pakistan as Manager of Board of Intermediate and Secondary Education Branch, Karachi. In his capacity of Manager he advanced certain loans and overdrafts, etc., to various parties. According to him most of these loans, overdrafts and cash credit limits were sanctioned by the Controlling Office of the National Bank of Pakistan which is commonly known as the Principal Office. The regular audit of the petitioner's branch was conducted but nothing illegal was discovered against him during the period from 1965 to 1970. In November 1968 one Mst. Sultan Jahan Begum, Proprietor of Overseas 'Trading Corporation who was wife of one Ansar Hussain, an ex-employee of the bank, applied for loan. The application was sent to the Principal Office where it was duly processed and a loan of Rs. 15,00.') was sanctioned. Mst. Sultan Jahan Begum executed a promissory note in the sum of Rs. 15,000 in favour of her guarantor Tanveer Ahmed who in turn endorsed the same in favour of the Bank. Mat. Sultan Jaban Begum as well as Tanveer Ahmad delivered the said promissory note to the Bank under a delivery note jointly signed by them. It is further urged that on 31-3-1969 said Mst. Sultan Jahan Begum also executed a guarantee in favour of the bank. Earlier on 5-3-1969 Mst. Sultan Jahan Begum had executed an agreement of…
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