Law:

Section:

Keywords: Civil Court, Proceedings, Loan, Interference, Civil Liability, Magistrate, High Court, Inherent Powers, Order, Petition, Criminal Offence, Period, Prosecution, Production, Money, Liability, Waste, Jurisdiction, Trial Court, Quashment, Distribution, Payment, Time Of Payment, Civil Rights, Procedure, Petitioner Result: Proceedings quashed JUDGMENT The present application under section 561-A, Cr. P. C. Has been filed by petitioner Fazal Karim, who prays that proceedings instituted against him by respondent Muhammad Mursaleen on a complaint under sec tion 420/406; P.P.C. In the Court of City Magistrate at Sukkur, may be quashed. I have heard Mr. Muhammad Ibrahim. Memon, Advocate for the petitioner/accused (hereinafter referred to s "the accused"), Mr. Maroof Ali Khan, Advocate for the respondent/complainant Muhammad Mursaleen (hereinafter referred to as the complainant") and Mr. Nazeer Alam, Advocate for the State. The learned counsel for the State has supported the petition. 2. The facts stated in the complaint are that the complainant, who deals in radios at Sukkur is closely related to the accused, who again deals in distribution of films. In November. 1974, the accused came to the complainant at Sukkur and demanded a sum of Rs. 40,000 because he was in need of such amount in order to complete production of a film which according to the complainant would have required six months. The complainant then paid a sum of Rs. 28,000 to the accused in presence of witnesses. The complaint further recites that after the stipulated period of six months the complainant demanded the money front the accused but the amount was not returned as the film was not yet ready. It seems that the complainant made repeated demands but the same were repelled by the accused. On such facts the complainant thought that he had been cheated and he filed the present complaint. In the statement under section .202, Cr. P. C. The complainant has stated that the accused, who was his relative, used to borrow money from the complainant off and on for the purpose of his business. Salim, who is another witness of the complainant, in his statement under section 202, Cr. P. C. Has stated that…

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