Law:

Section:

Penal Code (XLV of 1860)---Ss. 406, 420, 489-F, 109, 114 & 34---Constitution of Pakistan (1973), Art.185(3)---High Court in quashment of proceedings, on minute examination of record, had arrived at the conclusion that since the ingredients of offences alleged against petitioners, were prima facie, made out, it would neither be just nor fair and proper to stifle the criminal proceedings at the initial stage---High Court had also exhaustively and comprehensively dealt with the question of insertion of provision of S.489-F in P.P.C---Approach of the High Court in the matter of quashing of proceedings was neither illegal nor suffered from any inherent legal infirmity or material irregularity---Interpretation placed by High Court on the provisions of the contract as well as the repealing statute, did not suffer from any misconception of law---Criminal case must be allowed to proceed on its own merits and merely because civil proceedings relating to same transaction had been instituted, it had never been considered to be a legal bar to the maintainability of criminal proceedings which could proceed concurrently because conviction for a criminal offence was altogether a different matter from the civil liability---No question of law of public importance having been raised in the facts and circumstances of the petition, which was without any merits did not warrant any interference in the exercise of its jurisdiction conferred by Art.185(3) of the Constitution---Leave was refused. JUDGMENT RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Sindh High Court judgment, dated 26-9-2005 dismissing quashment petition brought by them in relation to F.I.R. No.84 of 2005 under, sections 420, 406, 114, 109, 34 and 489-F, P.P.C. registered with Police Station Frere, Clifton Town, Karachi. 2. The dispute between the parties arose out of a building and development of lands contract. A joint account was maintained in the name of the Company to be operated by the petitioners-Directors as well as the respondent-complainant. After the development of land and booking of plots/flats seven crossed cheques in the sum of Rs.1,00,000 each were issued in the name of respondent,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492