Hafiz ABDUL KHALIQ RAHMANI vs ABDUL GHANI AND ANOTHER — 1963 PLD 868

Citation: 1963 PLD 868

Court: Sindh High Court

Year: 1970

Decision Date: 1970-02-02

Parties: Hafiz ABDUL KHALIQ RAHMANI vs ABDUL GHANI AND ANOTHER

Headnotes

Case cited as PLD 1963 Kar. 868

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: Hafiz ABDUL KHALIQ RAHMANI vs ABDUL GHANI AND ANOTHER Case No.: Criminal Miscellaneous Application No. 404 of 1969 Date of Judgment:1970-02-02 Reported As: PLD 1970 Karachi 446 Result: Proceedings quashed JUDGMENT JUDGMENT This is an application under section 561-A of the Code of Criminal Procedure praying that the proceedings against the applicant under section 420, P. P. C. Pending in the Court of Additional City Magistrate Court No. XXVII , Karachi be quashed. 2. The facts leading to this petition briefly are that on 20-1-1968, Abdul Ghani, respondent No. 1 filed a complaint in the Court of Additional City Magistrate, Court No. XX, Karachi, alleging therein that the petitioner had borrowed a sum of Rs, 1,250.00 (Rupees one thousand two hundred and fifty) from him on 7th August 1960 and had failed to pay the same; as from the very beginning his intention was not to pay the amount. The statement of the complainant under section 200, Cr. P. C. Was recorded on 16-4-1968 and on 23-4-1968 this complaint was dismissed on the ground that the matter was entirely one of a civil nature and a civil suit filed by the complainant (respondent) had been already dismissed by the Small Causes Court, Karachi as admitted in the complaint itself. Being dissatisfied with this order respondent No. 1 filed a revision application, which was allowed by the order dated 25-10-1968 of Mr. A. A. Dareshani, Additional Sessions Judge,…

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