Law:

Section:

Keywords: Money, High Court, Proceedings, Petition, Order, Trial Court, Procedure, Inherent Powers, Payment, Remedy, Cheating, Quashment, Recording, Magistrate, Petitioner, Parties Result: Proceedings quashed JUDGMENT This is a petition under section 561-A, Cr. P. C. For quashment of the proceedings of a criminal case started on a direct complaint for offence under section 420, P. P. C. 2. The facts in brief are that respondent No. I Muhammad Safdar filed a direct complaint against the two petitioners Muhammad Hussain and Muhammad Shafi residents of District Jhelum in the Punjab in the Court of Additional City Magistrate, Landhi, Karachi alleging that 3 months prior to the filing of the complaint, the two accused/petitioners visited the complainant's house at Karachi. The complainant gave Rs. 900 to the petitioners for being delivered to his father at Jhelum. But the amount was not actually received by the father of the complainant and had, therefore, been misappropriated. The learned Magistrate after recording the statements of the complainant under section 200 and of two witnesses Muhammad Farooq and Ali Shah under section 202, Cr. P. C. Ordered issue of bail able warrants against the accused for offence under section 420, P. P. C. 3. It has been pointed out by Mr. Nasiruddin on behalf of the peti tioners that the parties belong to the same village in district Jhelum and there is old enmity or a family feud existing between them. That there has been a long history of previous litigation between the parties. That one complaint at Jhelum and two at Karachi had already been filed by the respondent or his family members and in the similar complaint filed at Karachi the allega tions were that Rs. 500 had been obtained from Raja Haq Nawaz at Karachi for payment to his father at Jhelum and the same had been misappropriated. The case under reference was quashed by the High Court and that the order was upheld, by the Supreme Court. Petitioner No. 1 had filed a civil suit being Civil Suit No. 460/73 at Jhelum against the maternal grand-father of respondent Muhammad Safdar. This suit was filed on 10-12-1973 at Jhelum while the present private complaint was filed 3…

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