Law: Criminal Procedure Code (V of 1898)

Section: 420,435,439,561A

Law: Pakistan Penal Code, 1860

Section: 24,25,415

(a) Criminal Procedure Code (V of 1898), S. 561 A Inherent power of Court Though wide, to be exercised cautiously Com plaint not making out offence Initiation of proceedings in such case Abuse of process of Court Proceedings quashed. (b) Benefit of doubt Two explanations possible One favoring accused to be accepted. Mahmood ul Hassan v. Imtiaz Khan and another P L D 1963 Lab. 481 and R. C. P. Guignard v. The State and another P L D 1963 Kar. 868 ref. THIS JUDGMENT PASSED BY: INAMULLAH KHAN, JUSTICE:---.--- This is an application under sections 435, 439 and 561 A of the Criminal Procedure Code for quashing the complaint filed in the Court of the S. D. M., Karachi against the petitioner on 16th September 1963. The fasts briefly giving rise to the present application are these One Masood Ahmad Shahid, Director of Messrs Shakil Express Ltd., Marriot Road, Karachi filed a complaint on 14th September 1963, under section 420 of the Penal Code against B. D. Cayford, Manager of the British Overseas Airways Corporation, Finlay House, Karachi. This complaint was dis missed for default thereafter the complainant filed another complaint on 16th September 1963. The facts, as would appear from the complaint, are these: The applicant, it is alleged, approached the complainant in 1958 to give him business on commission basis. It was agreed that the applicant would pay 7 per cent. as commission on the business given by the firm of the complainant. The complainant acting on this representation gave business over a period of five years to the tune of Rs. 73,071. The commission dues came to Rs. 5112. It is alleged that whenever the complainant demanded his Firm's dues the applicant acknowledged his liability to pay but put off the payment on the ground that according to the International Air Transport Association Rules the same could be paid only after the complain ant's Firm was formally approved as Travel Agents by the aforesaid Association. It is further mentioned that the complainant's Firm applied to the said Association for being approved as Travel Agents but the same was turned down. The complainant subsequently came to know that it was because of the opposition of the…

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