Ch. ABDUL HAYEE vs The STATE and anothers — 1972 PCRLJ 1231

Citation: 1972 PCRLJ 1231

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Ch. ABDUL HAYEE vs The STATE and anothers

Headnotes

Case cited as 1972 PCRLJ 1231

Judgment Text

Court Name: Lahore High Court Judge(s): Mushtaq Hussain Munir Title: Ch. ABDUL HAYEE vs The STATE and anothers Case No.: Criminal Miscellaneous No. 500/Q of 1971 Date of Judgment:- Reported As: 1972 P Cr. L J 1231 Result: Order accordingly Judgment ORDER This is an application under section 561-A of the Code of Criminal Procedure, by Abdul Hayee for the stay of proceedings pending in the Court of Assistant Commissioner, Ferozewala at Shahdara, in the case entitled 'State v. Abdul Hayee' under sections 379 and 468 of the Pakistan Penal Code. 2. The fact of the case briefly are that Truck No. LH 4761, 1964 Bedford Model, was sold by the petitioner to one Arsbad respondent No. 1 by a document called Iqrarnama by the parties, on 19th November 1968, for an amount of Rs.35,000. Rs. 9,000 were paid by respondent No. 2 to the petitioner as the first instalment. He was thereafter required to pay the balance by instalments. Stipulation in the deed was that if there was default in the payment of any instalment, the agreement shall stand cancelled and the petitioner shall be entitled to the return of the truck. 3. The allegation is that the aforesaid respondent committed default in the payment of instalments and since he did not carry out the terms of the agreement, the truck was taken away from him by the petitioner and sold to one Muhammad Sumar of Larkana. 4. Respondent No. 2 lodged a report with Ferozewala Police on 25th April 1970, alleging that the petitioner had forcibly taken…

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