Law:

Section: 202,249-A,561-A

This petition has been filed under section 561-A, Cr.P.C for quashment of proceedings in a complaint under section 419/420, P.P.C. pending in the Court of the area Magistrate lodged by respondent No.l against the petitioner and respondent No. 2:

2.   The contents of the complaint are that the complainant alleges to be the owner of a marble machine on Warsak- Peshawar Road; that on 22-2-1982 the petitioner (arraye4 as accused No.l) and respondent No.2 representing themselves to be the dealers of a certain firm known as "Salica Saw" desired to obtain the marble machine on rent; that during this negotiation respondent No.l posed himself to W an influential businessman while respondent No. 2 as his agent and ultimately the rent of the premises was settled at Rs.2,500 P.M. and accordingly the machine started its function from 22nd February, 1982. However, when the complainant pressed his demand for payment of rent and Rs.15,000 as advance money, then accused No.1 (petitioner) giving himself to be affluent businessman promised payment on a future date and thus defrauded and deceived the complainant in payment of the liability. In nutshell it was stated that ultimately the accused-respondents scarced themselves for some time and thus avoided payment. This complaint was presented in Court as far back as 10-9-1985 and it was marked to the SHO for inquiry under section 202, Cr.P.C. On receipt of positive report from the police, the complaint was put in Court on 21-6-1986 and till riling of the. instant petition in this Court on 15-1-1991 for about five years, no evidence has been recorded in it. It was submitted that an application under section 249-A, Cr.P.C. was also presented before the trial Court but that was dismissed.