Law: Criminal Procedure Code (V of 1898)

Section: 190

  Criminal Procedure Code (V of 1898), S. 190(1)-Cognizance by Magistrate-Information received, knowledge or suspicion -------- Must not be vague-Prima facie case must be definitely established.   Criminal Procedure Code (V of 1898), S. 561-A-Abuse of process-Criminal case entirely based on contractual liability ---Civil Court best forum for settling dispute unless circumstances disclose criminal liability-Enforcing civil liability by circumvented criminal prosecution-Abuse of process of Court-Proceedings quashed.   Ragunath Puri v. Emperor A I R 1932 Pat. 72 ; Heywood v. Emperor A I R 1942 Lah. 134 ; Zafar Niazi v. Riaz-ud -Din P L D 1958 Lah. 738 and J. S. Daver v. Iqbal Qadir P L D 1962 Pesh. 167 ref.  JUDGMENT This is an application made under section 561-A, Cr. P. C., for having the proceedings pending in the Court of Mr. Muhammad Khan Junejo, the Additional City Magistrate, Karachi, against the petitioner quashed.   The facts out of which the present petition has arisen are the respondent-complainantMajor S. M. N. Faruki (retired) had acted as Commission Agent for General Motors Overseas Corporation, Karachi Branch, pursuant to an agreement between him and the Corporation on 11th January 1960. This agreement, inter alia, postulated that the respondent would sell as commis sion agent Bedford R. Military Vehicles and be entitled to 1% commission on their price, the commission being payable after the purchase money was received by the Corporation. The agreement was for a period of one year and had to expire on 11th January 1961 unless renewed by the Corporation. The agreement, it appears, was not renewed by the Corporation. On the other hand, a letter is said to have been written on behalf of the Corporation on 22nd March 1961 cancelling [the agreement entered into with Mr. Faruki. The respondent is said to have transacted business for the Corporation and sold the above said vehicles during the years 1960, 1961 and 1962. He has been admittedly paid commission for the year 1960. According to him, the commission earned during the years 1961 and 1962 which amounted to Rs. 1,62,000 was not paid to him.   The General Motors Overseas…