Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Penal Code (XLV of 1860)

Section: 406, 420

Criminal Procedure Code (V of 1898) S 561-A---Quushnunt-Goods purchased, cheques issued in lieu of price, but Bank later prohibited by accused vendee from making payment-Evidence on facts not yet recorded--Question of case being one of civil nature- Cannot be deckled without recording evidence-Proceedings, held, cannot be quashed, In circumstances, without decision of such fact and without giving Opportunity to parties to lead evidence-Mete involvement of civil dispute Not enough to quash criminal proceeding---Penal Code (XLV of I860), S. 406/420. R. S. Ratra v. Ganesh Dose A I R 1940 Lah. 93 ; Sheo Saran Vaish v. Jitendra Nath Das A I R 1928 Oudh 292 ; Gonpat Dattu Raskar v: Emperor A I R 1930 Bom. 179 and Ali Hussain v. State 1968 P Cr. L J 1734 rel. Date of hearing : 15th July 1971.                                                                                                                      JUDGMENT This is a petition under section 561-A, Cr. P. C. for quash ment of proceedings pending against the petitioner in a criminal case for offences under section 406/420, P. P. C. in the Court of a learned Magistrate at Mianwali. The complainant/respondent lodged a report with the police against the petitioner. According to the petition, the final opinion of the police was in, favour of the petitioner. Therefore, the complainant was constrained to file a complaint in tine Court of the learned Magistrate. The petitioner haying beets summoned to, stand trial, has filed, his petition seeking quashment of the proceedings. 2. The allegations in the complaint against the petitioner are contained in para. 2 thereof the same is reproduced below :--- "that in April 1.968 the accused Ghulam Muhammad Shah contacted the complainant company who had dome surplus wheat lying in its godowns. Ghulam Muhammad Shah accused represented that he is wife to purchase the wheat weighing 2446…