| Case ID |
36f3932a-00f2-40b0-b6f8-3eecf26988ae |
| Body |
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| Case Number |
Criminal Miscellaneous No. 82 of 1987 |
| Decision Date |
May 05, 1987 |
| Hearing Date |
|
| Decision |
The court quashed the proceedings pending against the applicant under sections 420 and 406 of the Penal Code, stating that no case of cheating or criminal breach of trust was established. The complainant had acted as a guarantor for the accused in a loan agreement with the bank and apprehended execution of a decree against her when the accused failed to repay the loan. The court found that the business dealings between the parties did not constitute a criminal offense, and thus the application for quashment was allowed. |
| Summary |
This case revolves around the quashing of criminal proceedings against the applicant accused of cheating and breach of trust. The complainant, Mst. Irshad Begum, acted as a guarantor for Suleman, who took a loan from the National Bank of Pakistan. After failing to repay the loan, a decree was obtained against both parties. The complainant filed an FIR against the applicant alleging cheating, but the court found no basis for these claims. The ruling emphasizes the importance of understanding the nature of business transactions and the legal implications of acting as a guarantor. Keywords related to this case include 'criminal procedure', 'loan agreements', 'guarantor liability', and 'legal proceedings'. This case highlights the intricacies of financial dealings and the potential for misunderstandings in legal contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ALLAHDINO G. MEMON, J
|
| Lawyers |
Izhar Haider Rizvi,
Habibullah
|
| Petitioners |
Suleman
|
| Respondents |
Mst. IRSHAD BEGUM
|
| Citations |
1987 SLD 912 = 1987 MLD 3014
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561,
406,
420
|