| Citation(s) |
|---|
| 1979 SLG 1456 1979 SLD 1456 1979 PCRLJ 309 |
Sindh High Court
Criminal Miscellaneous. Application No. 221 of 1977, 21/03/1976
Z.A. CHANNA, J
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Criminal Miscellaneous. Application No. 221 of 1977, 21/03/1976
Z.A. CHANNA, J
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Timsal Askari
VS
The State And Another
Law:
Section:
Keywords: Allottee, Petitioner, Payment, Execution Proceedings, Copy, Omission, Civil Court, Deception, Prima Facie, Proceedings, Jurisdiction, Ownership, Parties, Failure, Goods, Refund, Adequate, Trial Court, Magistrate, Property, Offences, Interim Order, Disposed Of, Notice, Criminal Proceedings, Remedy, Power Of Attorney, Language, Civil Liability, Dispute, Prosecution, Provisions, Loan, Petition, Determination, Records, Money, Period, Order, Evidence, Defence, Miscellaneous Application, Sale Deed, Procedure, Penal Provisions, High Court, Execution, Confessional Statement, Misrepresentation, Interference, Liability, Refusal, Criminal Offence, Quashment, Possession, Cheating Result: accordingly dismissed JUDGMENT This criminal miscellaneous application is directed against the proceedings instituted in the Court of the learned Civil Judge and F. C. M., Sehwan; upon a complaint filed by respondent No. 2 alleging that he had been cheated. The learned Magistrate, after holding a preliminary enquiry, in which he examined the complainant and two witnesses, issued proves against the applicant in respect of an offence under section 420, P. P. C. It would appear that subsequently the case was transferred to the Court of the learned Mukhtiarkar and F. C. M., Sehwan, who framed a charge against the applicant in respect of an offence under section 420, P. P. C. 2. The facts which form the background of this application are that property hearing No. C-354, comprising of a shop, in the town of Sehwan, was transferred to Mst. Zakia Begum wife of Syed Mukaram Ali on the basis of a deed of Association with the original transferee of the property, Mr. Tamsal Ahmed Askari. The applicant is said to have entered into an agreement with respondent No. 2 for the sale of this property, including a bungalow, which is alleged to be standing on this property. The agreement for sale was in writing and was duly witnessed by one. Wasoomal, while the agreement, which was in Sindhi, was written by Petition-writer Rajab Ali Earnest money to the extent of Rs. 1,000 was paid by respondent No. 2 to the applicant towards the sale price of the property and the balance of the sale price, amounting…
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