1986 P Cr (PLP)

Messrs Mian Abdul Qayyum and Muhammad Ashraf Khan for the State. Date of hearing: 9th December, 1985. This is a second revision against the order of a learned Additional Sessions Judge of Lahore, dated 2‑4‑1969, dismissing the first revision filed by the petitioner for the quashment of the criminal proceedings pending against him before a Magistrate at Lahore under section 408/ 420/468, P.P.C.

2. Briefly stated the facts of the case are that Ashfaq Ahmad Pervaiz was employed by the Swiss Air Company as ticket agent for its office in Lahore on 30‑1‑1964. He was responsible to deposit all cash and cheques received on account of sale of the tickets in the National Grindlays Bank, Lahore. During his service in the said company, Ashfaq Ahmad Pervaiz defrauded the company of various amounts to the extent of Rs.70,

000. These were detected in August, 1965. It also transpired that Ashfaq Ahmad Pervaiz had endorsed certain cheques on his name by forging the signature of the Manager of the Lahore Office. The accused deposited about Rs.30,000 by forging cheques in his own account in the United Bank, Lahore. He also deposited less amounts in the bank, by tampering with the counter‑foils. He also prepared fictitious bank statements and thus committed criminal breach of trust. A complaint was lodged under section 408/420/468, P.P.C against Ashfaq Ahmad Pervaiz by Mr. Saver Bucher, General Manager of the Swiss Air Company Limited, Pakistan, who was authorised by his company to institute and defend proceedings in the Court of Law in Pakistan.

3. The trial Magistra3te, after recording preliminary evidence, issued process against Ashfaq Ahmad Pervaiz and his co‑accused M.N. Khan. The trial Magistrate repeatedly, summoned Ashfaq Ahmad Pervaiz and, on his having failed to appear, he issued non‑bailable warrants for his arrest. The proceedings under section 87, Cr.P.C. were also taken against Ashfaq Ahmad Pervaiz, who was declared absconder, and proceedings started in the absence of the petitioner under section 512, Cr.P.C. Ashfaq Ahmad Pervaiz, however, appeared later on. The complainant examined tens witnesses in his support. Ashfaq Ahmad Pervaiz filed a revision, upon which the records were called for from the learned Magistrate. The revision petition was dismissed on 2‑4‑1969.

4. Registered notices were issued to Ashfaq Ahmad Pervaiz, petitioner, and Lt.‑Col‑ Muhammad Iqbal Badar, learned counsel for the petitioner, for 20‑11‑1985, on which date nobody turned up. Registered notices were again issued to the petitioner and his counsel for today's date of hearing, but again nobody has turned up. Mr. Muhammad Ashraf Khan, Advocate for Ch. Muhammad Farooq, Advocate for the respondent, is present. Mian Abdul Qayyum Anjam, Advocate, appears for the State.

5. With the assistance of the learned counsel for the respondent and the State, the record has been perused. The evidence of ten witnesses has already been recorded on behalf of the complainant‑ Company. On the basis of the evidence recorded, it cannot be said that there is no prima facie case against the petitioner7accused. In these circumstances, the order of the learned Additional Sessions Judge dated 2‑4‑1969 cannot be said to be illegal or perverse.

6. For the foregoing reasons, there being no merit in this petition, the same is dismissed:

7. The record should now be sent back to the District Magistrate, Lahore, for further proceedings. S.G.D. Petition dismissed.