Law: Penal Code (XLV of 1860)

Section: 406

Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 249-A

(a) Penal Code (XLV of 1860) S. 406-Criminal breach of trust-Both partners equal in status and empowered to deal with firm's money-Apart from general partnership none of partners specifically entrusted with any assets of firm-Conviction of such partner under S. 406, P. P. C., held, cannot be recorded. A I R 1965 S C 1433 ; Abdul Ghayoor v. State 1973 P Cr. L J 119 ; Muhammad Usman v. Jan Muhammad 1972 P Cr. L J 671 ; Abdul Hakim v. State P L D 1978 Kar. 359 and Jagannath Raghunathdas A I R 1932 Born. 57 ref. (b) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings- Quashment of proceed ings under S. 406, P. P. C. sought on basis of. (i) civil litigation pending between partners of firm, *and (ii) matter in respect of accounts of partnership being before High Court, a preliminary decree for accounts passed by consent of parties and accounts being gone into by a Commissioner appointed by High Court-Liability of applicant, held, mostly a civil liability to account for firm's , money-Proceedings quashed, in circumstances. (c) Criminal Procedure Code (V of 1898) Ss. 561-A & 249-A-Quashment of proceedings - Contention that before seeking quashment under S. .561-A, applicant should have moved trial Court under S. 249-A for redress of his grievance- Contention, held, not without force-Application under S. 561-A, Cr..P. C., held, however, justified in view of pending civil litigation between parties. Date of hearing : 21st October, 1979.                                                                                                        JUDGMENT In this application under section 561-A of Cr. P.C. the petitioner seeks quashment o proceedings pending in the Court of A. C. M., Jamshed Quarter, Karachi against the applicant and respondents Nos. 2 to 5 under sections 403, 406, 109, P. P. C. Where the process was issued on 16th August, 1978. The complainant Faisal Malik has alleged in his…