Law: Constitution of Pakistan, 1973

Section: 199

Law: Code of Criminal Procedure (CrPC), 1898

Section: 22-A(6)

Law: Pakistan Penal Code (PPC),1860

Section: 405, 406

Law: Transfer of Property Act, 1882

Section: 54

REMARKS

(Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973)
Application under Section 22-A(6) Cr.P.C. before the learned Justice of peace for registration of criminal case against petitioner/accused on the allegation that he purchased a motorcar from complainant on the basis of installments but thereafter accused/petitioner failed to pay the agreed installments. Justice of peace while allowing the application directed local police to register FIR under Section 406 PPC against the petitioner. --- Held --- According to Section 405 PPC a criminal breach of trust involves the following ingredients : (a) a person should have been entrusted with property, or entrusted with dominion over property; (b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; (c) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust. --- Being a sale transaction, there is no ‘entrustment of the property’ or ‘entrustment of dominion over the property’ by the respondent No.1 to the petitioner,and for this reason, it is not a case of criminal breach of trust. --- Though there might be some breach of trust regarding payment of the installments as agreed between parties, but every breach of trust may not result in a penal offence of criminal breach of trust unless there is evidence of a mental act of fraudulent misappropriation. An act of breach of trust involves a civil wrong in respect of which the person wronged may seek his redress for damages in a civil court but a breach of trust with mens-rea gives rise to a criminal prosecution as well. The order of Justice of Peace was set aside as the elements of criminal breach of trust are missing.
(Writ Petition was allowed and order of Justice of Peace as to registration of case was set aside.)

Summary:Civil Dispute
The petitioner challenged the order of the Justice of Peace under Section 22-A(6) Cr.P.C., which had directed registration of FIR No.425/2023 under Section 406 PPC (criminal breach of trust) over non-payment of car installment dues. The court held that since the matter arose from a sale transaction (motorcar sold on installments), there was no "entrustment" of property as required under Section 405 PPC to constitute criminal breach of trust. The dispute was purely civil in nature, involving payment of money, and did not amount to a cognizable offence. Consequently, the court allowed the writ petition under Article 199 of the Constitution, set aside the Justice of Peace's order, and quashed the FIR.