Law:

Section:

Criminal Procedure Code (V of 1898), S. 561-A-quashment of proceedings-Allegations in criminal proceedings that certain property belonging to partnership firm had been falsely shown as sold, by one partner, at a very low price in account books to deprive other partner of his rightful share-Held, dispute purely of civil nature and High Court justified in not allowing such dispute to drag on in Criminal Courts-Penal Code (XLV of 1860), S. 406. Akhtar Mahmud, Advocate Supreme Court instructed by Vakil Ahmad Kidwai, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 18th August 1971. JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave to appeal is from the order of a learned Single Judge of the High Court of Sind and Baluchistan, quashing criminal proceedings under sections 406, 465 and 468/34 of the Pakistan Penal Code, instituted by the petitioner against the respondents. The subject ­matter of the criminal proceedings was certain property belonging to a partnership firm of which the respondents and the petitioner's parents were the partners. In October 1966, a complaint was filed by the father of the petitioner against the respondent under sections 421, 422, 424 and 406/34, P. P. C. on the allegations that the respondents had, during the pendency of the arbitration proceedings in regard to the settlement of the partnership accounts, removed and sold some property of the partnership without the knowledge or permission of the father of the petitioner at a false price and thus deprived the petitioner and his father of their rightful share in the property. Furthermore, that the sale proceeds had been misappropriated by the respondents. 'The said criminal proceedings ultimately came up before the Supreme Court and they were quashed by an order dated 15-1-1971, in the following manner: "The learned counsel for the respondent has frankly conceded that no case was made out against the appellants from the complaint or from the preliminary evidence for offences under section 421/424, P. P. C., for which processes were issued against them. However, he submitted that evidence could be led at the trial to prove a case against the appellants…

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