Law: Penal Code (XLV of 1860)

Section: 406, 420

Law: Criminal Procedure Code (V of 1898)

Section: 561A

Penal Code (XLV of 1860), Ss. 406 & 420-Criminal breach of trust-Entrustment of buffaloes to accused for delivery to some person but accused failing to make such delivery--Complainant subsequently agreeing to receive price of buffaloes-Entrustment being converted into sale, dispute, held, related to recovery of amount giving rise to civil liability-Proceedings quashed-Criminal Procedure Code (V of 1898); S. 561-A. Date of hearing : 21st September 1971.                                                                                                             JUDGMENT This is an application under section 561-A, Cr. P. C. to quash the proceedings pending under sections 406 and 420, P. P. C. in the Court of A.D. C. and 1st Class Magistrate, Larkana. Abdul Khaliq complainant had lodged a report in the police on the allegations that he had entrusted three buffaloes to the applicant at Larkana to be delivered to one Abdul Rahim at Karachi. The applicant failed to deliver those buffaloes, and therefore, Abdul Khaliq came to Karachi and contacted the applicant. The applicant admitted that he had not delivered the buffaloes and instead he would pay the price of the buffaloes to him. This arrangement was accepted by Abdul Khaliq and he agreed to receive the price which was to be paid after a few days. However, later the applicant did not pay, the price and, therefore, a report was lodged and the police after usual investiga tion challaned the applicant. It was urged by the learned counsel for the applicant that the dispute was of civil nature and, therefore, the proceedings taken at Larkana were abuse of the process of…