Law:

Section:

Penal Code (XLV of 1860)-----S.409/420/109---Rcvicw---Supreme Court proceeding ex parte set aside order of High Court and directed District Magistrate to issue fresh notice under S.202, Cr.P.C. to accused and others---Accused sought review of the said order on the ground of having no knowledge of date of hearing---Accused failed to explain as to whether after filing power of attorney when he was told about date of hearing, he tried to intimate through telephone or telegram to Supreme Court requesting for adjournment or likewise---Appeal was dismissed in circumstances.---(Review). JUDGMENT S. USMAN ALI SHAH, J---This appeal by leave of the Court in criminal Review Petition No.2-R of 1981 is directed against the order of this Court dated 15-12-1980. whereby Criminal appeal No.16-P of 1973 of the respondents against the order of the. Peshawar High Court dated 16-2-1971, passed in Criminal Miscellaneous No.37 of 1969, was allowed in their favour. The appellant with the 5 respondents were directors of the Company known as Messrs Khyber Express Limited and was carrying on the business of travel agents of P.I.A. at Nowshera. The amount collected for the freight and sale of the tickets by the said company were cheques (i.e. Cheque CAX 622571, 622575 and 623762) all worth Rs.3,64,707.40 for payment to the respondent No.1 at United Bank Limited, Lahore Branch. On presentation all these cheques were dishonoured and thus a complaint under section 409/420/109, P.P.C. was filed against the appellant and the 5 respondents in the Court of the; District Magistrate, Peshawar. An application under section 561A of the Criminal Procedure Code for quashment of the respondent No. 1's complaint against them was filed by the appellant in the Peshawar High Court and the learned Single Judge vide his order dated 16-2-1971 allowed the application. Respondent No. 1 filed a petition for leave to appeal against the. judgment of the High Court which was granted to examine the question in view of the law declared by this Court m "Ghulam Muhammad v. Muzammil Khan" P L D 1967 Pesh. 317. In appeal the order of the High Court being without Jurisdiction was set aside and the District Magistrate…

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