2019 PCrLJ 157
Case against builder for Flats Fraud ..
Ss. 420 & 406 ---Cheating and dishonestly inducing delivery of property, criminal breach of trust---Appreciation of evidence---Complainant got booked a flat and paid sale consideration in instalments to the Builder/accused---Builder failed to hand over possession of flat on completion to the complainant---Builder, after registration of FIR against him by the complainant, obtained interim pre-arrest Bail and entered into agreement whereby he agreed to compensate the complainant by providing another flat in the project---Trial Court, in view of said agreement, confirmed the pre-arrest Bail of accused/Builder---Builder having not fulfilled the terms and conditions of the agreement, order of pre-arrest Bail in favour of the Builder was recalled and he was ordered to be arrested and was awarded conviction by the Trial Court under S.420, P.P.C.---Validity---Witnesses examined by the prosecution were cross-examined by defence counsel and testimony of said witnesses could not be shattered---State of mind of accused/Builder was to be ascertained from his conduct and the surrounding circumstances---Builder had retracted from his agreement for two times and by cheating and fraud he received entire amount of the property in question but failed to deliver its possession to the complainant---Provisions of S. 420, P.P.C., were attracted in circumstances---Two courts below while deciding the matter had committed no misreading, non-reading of evidence and justifiably exercised jurisdiction vested in them---Revision was liable to be dismissed along with listed application.
2019 PCrLJ 157 KARACHI-HIGH-COURT-SINDH.
0 Comments