2021 MLD 278
Quashing of FIR---Conversion of civil liability into criminal one---Scope---Petitioners sought quashing of FIR lodged against them---Ownership of the house for which an agreement to sell was entered into remained with the accused, who had received part consideration---Possession of the property was to be handed over after payment of the entire sale consideration---Balance sale consideration was not paid by the complainant within the cut-off date---Part payment made by the complainant did not constitute entrustment and there was no dishonest misappropriation for the reason that the accused had sold the property to another person when the complainant had failed to make the payment within the agreed date-- Not a single ingredient constituting an offence under S.406, P.P.C., could be found--High Court observed that civil proceedings were being converted into criminal one, which was not warranted under the law--- Dispute between the parties was of civil nature for enforcement of agreement of sale of property, remedy of which was available to the complainant under Specific Relief Act, 1877, before the Civil Court- FIR was quashed, in circumstances.
0 Comments