1985 P Cr (PLP)

Shamim Abbas Bokhari for Petitioners. Ihsan Lilla for the State. This is a petition under section 561‑A, Cr. P. C. by Ghulam Siddique and Muhammad Hussain, petitioners, for the quashment of criminal proceedings pending against them under section 420, P.P.C. in the Court of Syed Abbas Ali Shah, M.I.C. Nurpur District Kliushab.

2. On 11‑9‑1984 Mushtaq Ali, respondent No. 2 registered a case against Ghulam Siddique and Muhammad Hussain petitioners, under section 420, P.P.C. alleging therein that the petitioners for the last ten years were carrying on a shop under the name and style of "Kalloo Badshah Commission Agent" in which they were carrying on the business of sale and purchase of grains. The respondent further alleged that on 14‑1‑1981 the petitioner bought from him 91 bags of gram at the rate of Rs .1,100 per bag, in the presence of Mohsan Ali and Ghulam Muhammad, which bags the petitioners took away through Allah Ditta and Muhammad Nawaz, after having the gram weighed. The respondent further alleged that the petitioners promised to pay the total price of Rs.1,00,100 on the 10th of Jeth, which payment they did not make and notwithstanding some further time taken to make the said payment, which was granted, the petitioners had finally refused to make any payment.

3. On behalf of the petitioners, it is submitted that Ghulam Siddique, petitioner, is one the sole proprietor of "Kalloo Badshah Commission Agent" and that Muhammad Hussain, petitioner No. 2, has no connection with it. It is further submitted that in the middle of 1984, Ghulam Siddique, petitioner No. 1, suffered a heavy loss in the business and became indebted to a large number of persons to the tune of Rs.2,55,750 and applied for declaration of insolvency before the Insolvency Judge, Jauharabad, on 8‑7‑1984. It is contended that Mushtaq Ali respondent No. 2, who was having some business with Ghulam Siddique, petitioner No. 1, got the above F.I.R. registered, merely to harass the petitioners, as he was not able to receive the payment.

4. Mushtaq Ali, respondent No. 2, was personally served on 24‑3‑1985, but he has not entered appearance.

5. I have heard the arguments of the learned counsel for the petitioners and the State. From the certificate of ‑Malik Muhammad Hussain, Chairman, Town Committee, Nurpur, dated 25‑12‑1984 and the photstat copy of the Commission Agency Licence issued by Anjuman Mandian Zaraie Paidawar, Nurpur, and other documents which have been lodged by the petitioners, it is evident that Ghulam Siddique, petitioner No. 1, alone is the sole proprietor of the business run under the name and style of "Kalloo Badshah Commission Agent". Muhammad Hussain, petitioner No. 2, therefore, appears to have no business interest in the shop. From the bare reading of the F.I.R. lodged by Mushtaq Ali, respondent No. 2, it appears that the transaction between the parties is of a civil nature. In these circumstances, the criminal proceedings against the petitioners deserve to be quashed.

6. For the foregoing reasons, this petition is accepted and the criminal proceedings pending against the petitioners under section 420, P.P.C. before Syed Abbas Ali Shah, M.I.C. Nurpur, District Khushab, are hereby quashed. S.G.D. Proceedings quashed