Law: Penal Code (XLV of 1860)

Section: 420 , 561-A , 249-A

Penal Code (XLV of 1860)-- ---S.420--Criminal Procedure Code (V of 1898), Ss. 561-A & 249-A--Quashment of proceedings--In order to determine mens rea it has to be assessed if on a particular date when cheques were handed over to complainant, accused had intention to commit cheating as envisaged in S.415, P.P.C. and to reach such determination various factors would have to be considered such as whether accused had any source from which he could have got huge amount to make payments or any other evidence of the like nature to be brought on record- Accused had moved application under S.249-A, Cr.P.C. before Trial Court even before framing of charge--Any action with regard to quashment of proceedings at that stage, held would amount to stifling criminal proceedings at the earliest stage which was not warranted in law--Application for quashment of proceedings was dismissed in circumstances. Muhammad Iqbal Toor v. Mian Muhammad Ashraf 1986 PCr.LJ 503 distinguished. Muhammad Javed Ahmed v. Muhammad Ali and others 1987 SCMR 1750 rel. Muhammad Daud Baloch for Petitioner. Sharafuddin Ada for the Complainant. Muhammad Siddiq Kharal, A: A.G. for the State. Date of hearing: 18th October, 1989. JUDGMENT This application has been moved for quashment of the proceedings taken against the present applicant in the case registered under section 406/420, P.P.C. as Crime No.19 of 1988 with Police Station `C' Section, Sukkur. Briefly the facts are that the complainant Nisar Ahmed Pathan had moved an application before the S.S.P. which after enquiry was incorporated as above F.I.R. It is alleged that the complainant is the Area Manager in Agro Chemicals Limited, Sukkur and he keeps pesticides of the said company which are given to dealers on credit as per policy of the company. It is further alleged that on 1-7-1987 the complainant had gone to withdraw money from the Allied Bank Qasim Branch, Sukkur in company of Dr. Ali Nawaz son of Sobho Khan where at about 10-00 a.m. the present applicant, who is the dealer of the above said company also came and asked for the supply of pesticides from the complainant. The complainant obtained his signatures on necessary documents and…