Law: Criminal Procedure Code (V of 1898)

Section: 561

Law: Penal Code (XLV of 1860)

Section: 3

(a) Criminal Procedure Code. (V of 1898), S. 561-A Accused entering Into agreement with complainant to hand over possession of a completed house within 6 months of receipt of ith of total cost of building-Amount paid up but despite lapse of 10 months nothing done by accused towards completion of building-Contention that complainant having not selected plot as envisaged In agreement accused was not liable even civilly much less could he be charged for cheating-Held : Facts as asserted by prose cution-Disclose offence--Question whether selection of plot already made or not-Yet to be examined at trial after recording evidence ---Stage too premature to arrive at definite finding on point-Quash ment of criminal proceedings refused-Penal Code (XLV of 1860) ,S(3), (b) Criminal Procedure Code (V of 1898), S. 561-A-Quash ment-Delay in criminal trial-Proceedings pending for 5 years ---Delay neither attributed to complainant nor to prosecution-Accused never making any request for expeditious trial-Trial not completed due to accused's involvement in a large number of civil cases-Held, no ground made out for quashment of proceedings,                                                                                                                                 ORDER The applicant Jamil 2;ahid son of Muhammad Sharif has filed this application under section 561-A of the Criminal Procedure Code for quashing the proceedings initiated against him on the first information report dated the 23rd November 1964 lodged by one S. A. Tahir for S. Muhammad Athar, resident of Nazimabad, Karachi on the 23rd October 1964. It was alleged that the petitioner established a concern in the name of National Construction and Electrical Corporation at 159, Garden Market. Karachi where he is indulging m acts of fraud and cheating of innocent and needy persons who are in dire need of…