| Citation(s) |
|---|
| 1980 SLG 163 1980 SLD 163 1980 SCMR 57 |
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 52 P of 1978, decision dated: 13th May 1979. (On appeal from the judgment and order .of the Peshawar High Court, dated 21 5 1978, in Cr. M. No. 254 of 1978).
G. SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
M. Saeed Baig, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record. Nemo.
Criminal Petition for Special Leave to Appeal No. 52 P of 1978, decision dated: 13th May 1979. (On appeal from the judgment and order .of the Peshawar High Court, dated 21 5 1978, in Cr. M. No. 254 of 1978).
G. SAFDAR SHAH AND KARAM ELAHEE CHAUHAN, JJ
M. Saeed Baig, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record. Nemo.
MUHAMMAD NAWAZ FOR MUHAMMAD AHSAN
VS
Haji MUHAMMAD KHAN AND ANOTHER .
Law:
Section:
Criminal Procedure Code (V of 1898) ---- S. 561 A Quashment of proceedings Petition for quashment of proceedings dismissed by High Court on ground of its being premature due to no evidence having been recorded till then and respective stands of parties could not be put to test No mistake in impugned order pointed out Petitioner's counsel putting forward some argument but on realising that exercise contemplated by him instead of bringing any relief to his client might involve him not pressing point further and feeling satisfied to rest matter where left by High Court¬ Petition in circumstances dismissed. [Quashment of proceedings]. ORDER KARAM ELAHEE CHAUHAN, J. Haji Muhammad Khan, Timber Merchant, (hereinafter called the complainant) filed a complaint against Muhammad Ahsan petitioner under sections 406, 419 and 420, P. P. C. for having cheated him by issuing three spurious cheques at a time when he had no balance in his account and for which he made no deposit even later on. The complaint was referred by the learned .Magistrate under section 202, Cr. P. C. to the police for report or for recording the statements of concerned witnesses. The police after doing the needful submitted the case to the Magistrate who thereafter issued process against the petitioner. Muhammad Ahsan (accused) did not appear and later on non bailable warrant was issued for his arrest. He was consequently apprehended and is now on bail. 2. Muhammad Ahsan accused filed a petition being Criminal…
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