ABDUL GHANI vs Hafiz ABDUL KHALIQ RAHMANI AND Another — 1971 SCMR 106

Citation: 1971 SCMR 106

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: ABDUL GHANI vs Hafiz ABDUL KHALIQ RAHMANI AND Another

Headnotes

Case cited as 1971 SCMR 106

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: ABDUL GHANI vs Hafiz ABDUL KHALIQ RAHMANI AND Another Case No.:Criminal Miscellaneous Application No. 404 of 1969 Petition for Special JUDGMENT Reported As: 1971 SCMR 106 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner alleges that the respondent No. 1 fraudulently and dishonestly induced the peti--tioner to lend him a sum of Rs. 1,250 on the 7th of August 1960. The intention, it is alleged, of the respondent No. 1 was never to repay the said amount. In 1963 the petitioner filed a civil suit in the Court of Small Causes, Karachi, for the recovery of the said amount. The res--pondent No. 1 denied his signature on the receipt. The suit was dismissed on the ground that the signature on the receipt did not tally with the specimen signature of the respondent No. 1 obtained by the Court. This order of the learned Judge of Small Causes Court was upheld even in revision by the High Court. Some four years thereafter the petitioner lodged a private complaint under section 420 of the Penal Code in the Court of the Additional City Magistrate, Karachi, but this complaint was dismissed after recording the statement of the petitioner, on the ground that the dispute was of a civil nature and had already been decided by a competent Court. On revision, however, the Additional Sessions Judge of Karachi set aside the order and remanded the case back…

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