Mst. GULSHAN AND ANOTHR vs THE STATE AND ANOTHER - — 1971 PCRLJ 1279

Citation: 1971 PCRLJ 1279

Court: Sindh High Court

Year: 1971

Decision Date: 1971-03-15

Parties: Mst. GULSHAN AND ANOTHR vs THE STATE AND ANOTHER -

Headnotes

Case cited as 1971 PCRLJ 1279

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: Mst. GULSHAN AND ANOTHR vs THE STATE AND ANOTHER - Case No.: Criminal Revision Application No 210 of 1970 Date of Judgment:1971-03-15 Reported As: 1971 P Cr. L J 1279 Result: Case remanded JUDGMENT JUDGMENT This is a revision application against the order of the learned Magistrate dated 2nd September 1970. The petitioner No. 1 Mst. Gulshan claimed to be the owner of rikshaw No. KAU-462. It was said to have been purchased by her from one Munshi Khan by an agreement dated 9-7-67. Subsequently this rikshaw was given to Nuruddin on hire basis by an agreement dated 27-3-68 and Nuruddin agreed to pay Rs. 10 per day towards the hire charges. Nuruddin failed to pay the hire charges and, consequently, Nuruddin on demand returned 'the rikshaw and promised to pay the arrears of hire charges in instalments. On 4th October 1969 respondent Ghulam Nabi lodged first report at the Police Station under section 420, P. P. C. In that report it was alleged that he has purchased the rikshaw in the name of his brother Nuruddin from applicant No. 2 Adamji and he had to pay Rs. 2,800. Out of which he paid Rs. 1,200 and the balance was to be paid in intalments and later the entire amount was paid. However, Adamji did not issue any receipt though it was demanded and he adopted dilatory tactics. He, therefore, approached his Advocate and through him a notice was sent to Adamji but no reply was received. One day Adamji called his…

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