Law:

Section:

Penal Code (XLV of 1860)--Ss. 192 & 193---Constitution of Pakistan (1973), Art.185(3)---Initiation of criminal proceedings against the respondents/ ¬debtors was refused by the Courts below---Validity---Petitioner had failed to produce any credible evidence showing that the property in question belonged to him---No evidence worth the name could be produced to substantiate the alleged fraud committed by the respondents in getting the said property allotted to them---Initiation of criminal proceedings could hardly render any assistance in such-like cases as the ultimate fate would depend upon evidence, which was lacking in the case---Courts below had categorically determined that the respondents being owners of the property in question could mortgage the same---Concurrent findings of fact recorded by the Courts below regarding the factum of ownership of the property could not be reversed without concrete reasoning and lawful justification---No illegality or perversity could be pointed out in the impugned ---Leave to appeal was refused in circumstances. JUDGMENT JAVED IQBAL, J.--- This petition for leave to appeal is directed against the order, dated 13-6-2002 passed by learned Lahore High Court, Lahore, whereby the criminal revision preferred on behalf of petitioner has been dismissed and order dated 13-4-2002 passed by learned Presiding Officer of the Banking Court, Lahore has been kept in tact. 2. Precisely stated the facts of the case as enumerated in the order impugned are to the effect that "on a suit brought by respondent No.1, the Banking Court passed a money decree against respondents Nos.3 and 4 (Mian Mumtaz Saleem and Mian Khalid Mahmood). The decree-holder filed an execution petition and in execution petition thereof, Flats Nos.5 and 6, 2nd Floor in Patiala Complex were attached for auction. Petitioner/allottee (Mian Javed Saleem), claiming to be the real owner of the attached-auction properties, filed applications including one under section 12(2) of C.P.C. and under sections 192 and 193 of P.P.C. for initiating criminal proceedings against the judgment-debtors. These two applications after due notice and contest have been rejected. Hence, the…

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