Law: Pakistan Penal Code, 1860

Section: 408,405

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----S. 408---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F. I. R. ---Complainant, according to F.I.R., being a manufacturer of motors used in washing machines had appointed the accused as his salesmen with whom a legal contract was entered into that they would sell the motors in the market and after retaining their commission they would return the profit to the complainant---Said motors was a trust property and by delivering the same to the accused a fiduciary relationship had come into existence between the complainant and the accused---Violation of the contract by the accused, according to the allegations, had constituted the dishonest intention on the part of the accused and a prima facie case of criminal breach of trust was- made out---Accused, therefore, were not entitled to the extraordinary Constitutional relief---Constitutional petition was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 408---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F. I. R.---Principle---Quashing of F.I.R. in its inception only requires the examination of its contents---If a case is made out, the trial should ordinarily be allowed to proceed, but on the other hand even if contents of the F.I.R. are admitted and conviction is not likely to ensue then the proceedings are termed as abuse of process of law and Courts would step in to stem such abuse. (c) Penal Code (XLV of 1860)--- ----S. 405---Criminal breach of trust---Essential ingredients to constitute an offence enumerated. From the bare reading of the definition of the' criminal breach of trust, following ingredients are essential to constitute an offence:-- (a) There should be an entrustment by a person who reposes confidence in the other, to whom property is entrusted. {b) The person in whom the confidence is placed, dishonestly misappropriates or converts to his own use, the property entrusted. (c) Dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged. (d) Dishonestly uses or disposes of that property in violation of any…

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