Law: Penal Code (XLV of 1860)

Section: 11, 406, 420

Law: Criminal Procedure Code (V of 1898)

Section: 561

(a) Penal Code (XLV of 1860) S. 11--Word "person" as defined in S. 11 and as appearing in sections describing offences where impri sonment is mandatory-Does not include corporate body-Corporate body or company not indictable for offences which can be committed only by human individuals or for offences punishable with imprison only or Agent authorised to act on behalf of corporate body-Individually liable for criminal action-Penal Code (XLV of 1860), Ss. 406 & 420. State of Maharashtra v. Messrs Syndicates Transport Co. (Pvt.) Ltd. and others A I R 1964 Born. 195 rel. (b) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceeding--Criminal trial-High Court normally chary to interfere and refrains from interfering where evidence not yet recorded. The High Court is chary to interfere and normally refrains from interfering where the evidence has not been recorded. The question whether it was a trust, a case of cheating or no penal offence has been made out, can be determined after the evidence is adduced by the parties, and it is for the trial Court to determine all the questions. The extraordinary powers of the High Court under section 561-A, Cr. P. C. should not be an instrument in the hands of the accused to short circuit the prosecution.   ORDER This is an application by Syed Abdul Qadeer, Managing Director, Safety Sealers (Eastern) Ltd., Karachi, under section 439/561-A, read with section 526, Cr. P. C. The applicant is being tried by the Sub-Divisional Magistrate, Murree, on charges under sections 406 and 420, P. P. C. 2. Briefly stated, the case of the complainant is that on the 9th June 1968, at Murree , S. A. Qadeer accused appointed him as the agent of his company for Rawalpindi Zone, for the sale of its manufactured articles. In consequence, the complainant, the same day issued cheque No. A N 343556dated the 9th of June 1968, in favour of Messrs Safety Sealers; Ltd., Karachi, drawn on United Bank Ltd., Jalalpur Jattan, against his Account No. 322. It is alleged that the accused deposited this cheque in the company's account under his signature and that the said amount was debited from the account of the complainant and…