Law: Criminal Procedure Code (V of 1898)

Section: 561A

Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Accused applicant acting only as commission agent between parties and signing agreement deed accepting liability for amount paid to would be vendor of disputed land-Complaint under section 420, P. P. C. filed 15 years after agreement, vendor having died meanwhile-Proceedings quashed, in circumstances. Date of hearing : 30th January, 1980.                                                                                                               JUDGMENT This is an application for quashment of proceedings pending in the Court of Mukhtiarkar and F.C.M., Kashmore under section 420, P. P. C. On 13th July, 1978 Mohammad Hassan son of Fazal Ahmad had submitted an application to Chief Martial Law Administrator alleging that' his father had purchased some land at Jacobabad from a person who has died leaving two sons behind. Deed was completed through one Abdul Bari (present applicant) who acted- as agent and who was paid Rs. 5,000 on account of his promise to remove the disputes relating to that land. It was further alleged that the said Abdul Bari forcibly occupied the said land and is appropriating the whole produce. The said application was forwarded in due course to Mukhtiarkar and Additional Commissioner, Kashmore who recorded the statement of Mohammad Hassan on 13th September, 1979, where Mohammad Hassan stated that on 20th April, 1963 his father paid Rs. 15.260 to Qamar Zaman and an agreement was executed between the parties and accused Abdul Bari had stood surety for that amount. It was also deposed by Mohammad Hassan that Abdul Bari took Rs. 5,300 from his father Fazal Mohammad and Karam Din on the promise that he will help them in purchasing land in Taluka Kashmore. Mohammad Hassan also stated that Qamar Zaman died 10 years back and Abdul Bari was his attorney who had fraudulently taken away money from his father…