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Citation: 1971 PCRLJ 1329
Court: Sindh High Court
Year: 1970
Decision Date: 1970-12-31
Parties: SALEH MUHAMMAD vs THE STATE AND ANOTHERs
Case cited as 1971 PCRLJ 1329
Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad Title: SALEH MUHAMMAD vs THE STATE AND ANOTHERs Case No.:Criminal Miscellaneous No. 180 and Criminal Reference No. 5562 of 1969 JUDGMENT Reported As: 1971 P Cr. L J 1329 Result: Reference accepted Judgment JUDGMENT The facts which form the background of this Reference and the Criminal Revision are that an agreement had allegedly entered into between Muhammad Azam Paracha on the one side and Muhammad Ali and Saleh Muhammad on the other side. The agreement purports to be in writing according to which Muhammad Azam Paracha was to purchase 100 bags of almond from Muhammad Ali and Saleh Muhammad. The agreement purports to have been executed at the shop of Muhammad Ali. Both the parties are dealers in almond in addition to the other business which they do. The suppliers have a shop in Judia Bazar, Karachi. It is said that in pursuance of the agreement Muhammad Azam Paracha paid Rs. 75,000 to Saleh Muhammad and thereafter demanded delivery of the goods which demand was not complied with and the balance of the price was also demanded. It is alleged that the balance of the price was also paid by Muhammad Azam Paracha in a hotel whereafter he insisted on immediate delivery of the goods. According to Muhammad Azam Paracha, Saleh Muhammad allegedly prevaricated and ultimately it was reported that Muhammad Ali had absconded. 2. On the above allegations a complaint was made by Muhammad Azam Paracha under section 420 read with…
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