Law: Penal Code (XLV of 1860)

Section: S. 406-M

Penal Code (YLV of 1860); S. 406-M entrusted with coupons worth Rs. 2!,500 for collection of a Memorial Fund by sale thereof-M depositing cash collected arid returning remaining coupons-'Cash and value of returned coupons falling short by Rs. 200--No evidence that M had received any money by sale of coupons or had dealt. with coupons in any other way-M, held, not guilty under S. 406. Where one M; president of a local Muslim League was issued on 27th February 1950 coupons worth Rs. 21,500 for the collection of Qaaid-e-AZan7 Memorial Fund. M after sometime paid' Rs. 1;100 in cash and returned back the coupons of the value of Rs. 21,300. The remaining coupons of the value of Rs. 200 were neither depo sited. back nor their value was paid by M. M resigned from the pesidentship of Muslim League in 1951. In 1959 the Treasury Officer got a case under section 406 of the Penal Code, 18W registered against M. Prosecution evidence established that the coupons of the value of Rs. 200 were neither returned back by M nor the amount representing their value was deposited in the trea sury, but there was no evidence to prove that M had received any money by the sale of those coupons, nor Was there any evidence to show that M had in any other way dealt with those coupons Held, that the mere fact that M did not return the coupons of the value of Rs. 200 nor had he paid the proceeds thereof would not prove that he had dishonestly misappropriated the coupons or had converted the coupons to his own use or had used or disposed of those coupons in violation off' any direction of, law or of any legal express or implied contract. '   Proceedings under . section 406, Penal Code, 1860 pending against M were, therefore, quashed. [p. 490]A & B JUDGMENT This is an application for quasking the proceedings under section 406 of the Pakistan Penal Code pending against the peti tioner in the Court of the Magistrate 1st Class, Bhakkar. The allegations against the petitioner are that on the 27th of February 1950 he was issued coupons worth Rs. 21,500 for the collection of Quaid-e-Azam Memorial Fund. On the following day he deposited Rs. 1,100 in the Treasury Mianwali as the…