Law:

Section:

Penal Code (XLV of 1860)--Ss.420, 468 & 471---Alleged transactions had given rise to the institution of criminal as well as civil proceedings and both were pending---Ordinarily criminal proceedings were stayed till the conclusion of the civil proceedings but in view of peculiar circumstances of the case Court directed that trial in criminal charges in the case shall proceed, but the final should not be announced till the conclusion of the civil proceedings. Muhammad Akbar v. The State and another PLD 1968 SC 281 ref. Saleem A. Rehman, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Shahid Haniid, Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record for Respondents. Date of hearing: 2nd December, 1999. . ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order, dated 28-10-1999 whereby an Intra-Court Appeal filed by the petitioner against the dismissal of the writ petition was dismissed. 2. The facts in brief giving rise to the institution of this petition are that the petitioner was proceeded against in the Court of a Judicial Magistrate at Pind Dadan Khan on the charges under section 420/468/471, P-.P.C. The F.I.R. in this case was lodged by the Administrative Manager of the ICI Pakistan Ltd., .Khewra and it was alleged in the F. I, R. that the petitioner was holding the office of the Manager (Accounts) and the charge of the stores in the said company. As a result of audit conducted on 19-12-1999 it transpired that the petitioner had dishonestly and fraudulently prepared forged documents and used them as genuine to withdraw huge amounts from the accounts of the company through cheques drawn on the Muslim Commercial Bank, Pind Dadan Khan and the money so received was misappropriated. Details of cheques were given in the F.I.R. It was alleged that a sum of Rs.4,941,288-had been misappropriated. 3. The petitioner, invoked the Constitutional jurisdiction of the Lahore High Court to allege' that the Judicial Magistrate at Pind Dadan Khan had no jurisdiction to hold the trial of the petitioner, inasmuch as the offence alleged to have been committed was exclusively triable by a Court…

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