Law:

Section:

Keywords: Decretal Amount, Parties, Proceedings, Money, Magistrate, False Representation, Dispute, Co-Respondent, Procedure, Criminal Offence, Surety, Payment, Quashment, Disclose Result: Proceedings quashed JUDGMENT This is a reference by Addl. Sessions Judge, Shikarpur recommending that proceedings of a criminal case under section 420, P. P. C. Started on a direct complaint filed by respondent No. 2 Nabi Bux in the Court of S. D. M., Shikarpur may be quashed. 2. The facts in brief are that complainant Nabi Bux presented a written complaint before S. D. M., Shikarpur on 20-9-72 stating therein that 2 years prior to the filing of that complaint respondent No. 1 Mohammad Shah who was his `murshed' had introduced one Mehran Khan Bajrani as his disciple for payment of certain advance for which Mohammad Shah stood surety. Mehran Khan was accordingly paid Rs. 7,264 and Mohammed Shah was also paid Re 1,060. When money was demanded from Mehran Khan he stated that he had already paid Re. 5,164 to Mohammad Shah because Mohammad Shah had stood surety for him. Mehran than paid the balance of Rs. 2.100; for the remaining amount already paid he referred them to Mohammed Shah. That the complainant had already filed a suit against Mohammed Shah for Re. 1,000, which had been decreed. He had received payment of some amount towards that decree and Re 357 was in balance, which still remained unpaid. It is case of the complainant that he demanded that amount recovered from Mehran Khan by Mohammed Shah. He also demanded the…

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