Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 420, 406

Criminal Procedure Code (V of 1898) S. 561-A read with Penal Code (XLV of 1860), Ss. 406 & 420----Quashment of proceedings---Contract stipulating that a particular consolidated amount would be payable by applicant to Government in instalments in consideration of right to collect toll tax on Super Highway-Merely a business contract and not act of collection of money on behalf of Government-Failure of applicant to pay a particu lar instalment only, held, involved a civil liability-Correct remedy for Government to file a civil suit for recovery of amount or to claim damages-Fact of cheque issued by applicant being dishonoured, held further, would not amount to misappropriation of property, which continued with applicant till amount paid by Bank to Government Proceedings quashed, in circumstances. Date of hearing: 15thJanuary, 1980.                                                                                                                    JUDGMENT This is an application for quashment of a case pending in the Court of Mukhtiarkar and F. C. M., Kotri under sections 420 and 406, P. P. C. against the applicant. The relevant facts are that on 24thDecember, 1979 a lease agreement was executed between the ,Executive Engineer, Highway Department, Government of Sind and Al-Mehran Builders for the collection of toll tax on the Super Highway. The applicant Fazal Haq is a partner of the firm Al-Mehran Builders, Karachi. Clause (1) of the Agreement of lease which is relevant for this purpose is reproduced hereunder:- "For and in consideration of the grant of him/them of this lease, the lessee, covenants and agrees, firstly to duly comply with the performance each and all of the terms and conditions hereinafter set forth, and specified as to be complied the sum of Rs. 55 lacs (Rupees Fifty Five lacs) only in the manner set forth as under that is to say: A security deposit of Rs.…