Law:

Section:

Penal Code (XLV of 1860)--S. 406/420---Constitution of Pakistan (1973), Art. 185(3)---Question whether the accused had mens rea to misappropriate the amount or not and whether offence of cheating was committed or not was to be decided by the Trial Court after evaluation of evidence brought before it---Accused after having received Rupees twenty-five lacs had neither finalized the sale and handed over the possession of the house in dispute nor returned the amount obtained in 1987---High Court had rightly found that the case warranted no interference so that law should take its own course---Leave to appeal was refused in circumstances. ORDER SAJJAD ALI SHAH, C.J.---The petitioner before us is the owner of the house in dispute, in respect of which agreement was executed for its sale for 30 lacs; from which 25 lacs were received by the petitioner and 5 lacs were to be paid at the time of registration of sale-deed and handing over of possession, respondent No.1, Shaukat Ali, feeling aggrieved that the last part of the agreement was not performed by the petitioner, filed a criminal case before the learned Magistrate, 1st Class, Islamabad, under section 406/420,, P.P.C.; in which the petitioner filed an application under section 249-A, Cr.P.C. for his acquittal on the ground that there was no probability of his being convicted. This application was dismissed by the trial Court and the petitioner moved the High Court under section 561-A, Cr.P.C. for quashment of the proceedings before the trial Court, which is dismissed vide judgment dated 10-10-1994 and against which leave is being sought -to file an appeal. 2. It is submitted that the petitioner was ready to perform the last part of the agreement and was waiting for respondent No.l to turn up for payment of last instalment of Rs.5,00,000 (Rupees five lacs) and registration of sale-deed, but he failed to come. It is further stated that…

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